F 

ISO 

.3 

13 
1889a 


BANCROFT 
LIBRARY 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 


CONSTnTTTON 


STATE  OF  IDAHO 


A  \  !  >     V  I !  V 


ACT  PROVIDING  FOR  THE  ADMISSION  OF  THE  STATE. 


PKKPaRED  and  l^^UBLISHKD  HV 

A.  J.  PINKHAM, 
Sf:cretary  of  State. 


(  ii(i<T  mmini-n\- (»T  riousr  .mhiii  ivtsoniiKu 


Tlu 


CONSTITUTION 


OF    TIIK 


STATE  OF  IDAHO 


AM)    Till-: 


ACT  PROVIDING  FOR  THE  ADMISSION  OF  THE  STATE. 


Prepared  and  Published  by 

A.  J.  PINKHAM, 

Secretary  of  State. 


Under  authority  of  Hon.- 


IJOISE  CITY,  IDAHO: 

The  Stotosman  Prlnliuj,'  Co. 
1891. 


-r^o 


Trj^^7 


l)l':PARTMEN'J  vTlO. 

SECRETARY'S  OFFICE. 


1.  \.  .J.  l*illkiiu;ii.  r>cci«'iai\   oi  v-^lal>'  oi  iiic  r>luii'  oi    KKUIO,  ao 

hereby  certify  the  following;  to  be  true  and  correct  copies  of  tho 
Constitution  of  the  State  of  Idaho,  adopted  in  Convention, 
Auj^ust  0,  1881).  and  the  Act  of  Conj^ress  admitting-  tho  State  of 
Idaho  into  the  Union  of  States,  approved  July  3,  181M),  as  apj)ear 
of  record  in  my  office. 

l.\  i'KSTiMONY  Whereof,  I  have  hereunto  set  my 
hand  and  affixed  the  Great  Seal  of  the  State. 
Done  at  the  City  of  Boise,  the  Capital  of  Idaho, 
this  Nineteeth  day  of  February,  in  the  year  of 
[seal.]  our  Lord  One  Thousand  Eig:ht  Hundred  and 
Ninety-one,  and  of  the  Independence  of  the 
United  States  of  America,  the  One  Hundred 
and  Fifteenth. 

A.  .1.  PINKHAM, 
Secretary  of  State. 


v ): 


CONSTITUTION 

Adopted  by  a  Constitutional  Convention 
held  at  Boise  City,  in  the  Territory  of 
Idaho,  August  6, 1889. 


PREAMBLE. 


Wc,  ihc  people  of  the  State  of  Idaho.  ^^'•I'lilefui  to|Almighty 
Gocl  for  our  freedom,  to  secure  its  blessings  and  promote  our 
common  welfare  do  establish  this  Constitution. 

ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  equal  and  have 
certain  inalienable  rights,  among  which  are  enjoying  and 
defending  life  and  liberty,  acquiring,  ix)ssessing,  and  protect- 
ing proi)erty,  pursuing  hapj)iness,  and  securing  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  their  equal  protection  and  Ixjnefit,  and 
they  have  the  right  to  alter,  reform,  or  aliolish  the  same  when- 
ever they  may  deem  it  necessary,  and  no  s]>ecial  privileges  or 
immunities  shall  ever  bo  granted  that  muv  nol  br  alt«i*t*(l. 
revoked,  or  repealed  by  the  legislature. 

Sec.  3.     The  Stale  of  Idaho  is.  an  in.>*^, -«......,    j..^,  ^  ,„   ,,,, 

American  Union,  and  the  Constitution  of  the  United  States  is 
the  su))reme  law  of  the  land. 

Sec.  4.  The  e.xerciso  and  enjoyment  of  religious  faith  and 
woi*ship  shall  forever  lie  guai'anleed:  and  no  ix?rson  shall  Ik? 
drnietl  any  civil  or  ])olitical  right,  privilege,  or  capacity  on 
Ui'count  of  his  religious  opinions:  but  the  liberty  of  con.science 
hereby  secured  shall  not  bo  construed  to  disi)€nse  with  oaths  or 
attirmations,  or  excuse,  acts  of  licontiousness  or  justify  polyga- 


mous  or  other  pernicious  practices,- inconsistent  with  morality 
or  the  peace  or  safety  of  the  State;  nor  to  permit  any  person, 
organization,  or  association  to  directly  or  indirectly  aid  or  abet, 
counsel  or  advise,  any  person  to  commit  the  crime  of  bigamy  or 
polygamy,  or  any  other  crime.  No  person  shall  be  required  to 
attend  or  support  any  ministry  or  place  of  worship,  religious 
sect  or  denomination,  or  pay  tithes  against  his  consent;  nor 
shall  any  preference  be  given  by  law  to  any  religious  denomina- 
tion or  mode  of  worship.  Bigamy  and  polygamy  are  forever 
prohibited  in  the  State,  and  the  legislature  shall  provide  by 
law  for  the  punishment  of  such  crimes. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  in  case  of  rebellion  or  invasion,  the  public 
safety  requires  it,  and  then  only  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses,  where  the  proof  is  evident  or  the 
presumption  great.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

Sec.  7.  The  right  of  trial  by  jury  shall  remain  inviolate; 
but  in  civil  actions  three-fourths  of  the  jury  may*  render  a  ver- 
dict, and  the  legislature  may  provide  that  in  all  cases  of  mis- 
demeanors five-sixths  of  the  jury  may  render  a  verdict.  A  trial 
by  jury  may  be  waived  in  all  criminal  cases  not  amounting  to 
felony  by  the  consent  of  both  parties,  expressed  in  open  court, 
and  in  civil  actions  by  the  consent  of  the  parties,  signified  in 
such  manner  as  may  be  prescribed  -  by  law.  In  civil  actions  and 
cases  of  misdemeanor  the  jury  may  consist  of  twelve,  or  of  any 
number  less  than  twelve  upon  which  the  parties  may  agree  in 
open  court. 

Sec.  8.  No  person  shall  be  held  to  answer  for  any  felony  or 
criminal  offense  of  any  grade,  unless  on  presentment  or  indict- 
ment of  a  grand  jury  or  on  information  of  the  public  prosecutor, 
after  a  commitment  by  a  magistrate,  except  in  cases  of  imj^each- 
ment,  in  cases  cognizable  by  probate  courts  or  by  justices  of  the 
peace,  and  in  cases  arising  in  the  militia  when  in  actual  service 
in  time  of  war  or  public  danger:  Provided,  That  a  grand  jury 
may  be  summoned  ujion  the  order  of  the  district  court  in  the 
manner  provided  by  law:  And  provided  further,  That  after 
a  charge  has  been  ignored  by  a  grand  jury,  no  person  shall  be 
held  to  answer  or  for  trial  therefor  upon  information  of  the 
public  prosecutoi'. 


SKt  .  '.».  i:\.!\  iM'rson  may  freely  sjKjak,  write,  and  publUh 
on  all  subjocls.  iK'in*,'  responsible  for  the  abuse  of  that  in)erty. 

.Sp:c.  10.  Tlu'  i)Oc)ple  shall  have  the  rif,'ht  to  assom])le  In  a 
(H'act>!il)l«'  iiKintuT  lo  consult  for  their  common  gw)d:  to  instruct 
their  ivi»t«sfiitativcs,  and  to  ]KMition  the  Lej^islature  for  tlie 
i«  dress  of  grievances. 

Sec.  11.  The  jMJople  have  :..  :  -„:iL  to  Ixjur  uriu.s  lor  ilicir 
-I'curity  and  defense:  but  the  Legislature  shall  regulate  the 
'  xereise  of  this  right  by  law. 

Sec.  12.    The  military    shall    Ix)  sulx)rdinate    to    the    civil 
l>ower;  and  no  soldier  in  time  of  ixjace  shall  be  quartered  in  any 
hons<>  without  the  consent  of  its  owner,  nor  in   time  of  war 
'  in  the  manner  prescrilx3d  by  law. 

-  .13.  In  all  criminal  prosecutions,  the  party  accused  shall 
have  the  right  to  a  sj)eedy  and  public  trial;  to  have  the  process 
of  the  court  to  comi)el  the  attendance  of  witnesses  in  liis  ])»'}i;ilf. 
and  to  apjxiar  and  defend  in  person  and  with  counsel. 

No  ijerson  shall  be  twice  put  in  jeopardy  for  the  saun  tnit  n>.-; 
nor  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life.  lil)erty  or  proi)erty  without  due 
l^rocess  of  law. 

Sec.  14.  The  necessary  use  of  lands  for  the  construction  of 
rcservoij*8  or  storage  basins,  for  the  puri)oses  of  irrigation,  or 
for  rights  of  way  for  the  construction  of  canals,  ditches,  Humes, 
or  pipes,  to  convey  water  to  the  place  of  use,  for  any  useful, 
lx»neticial,  or  necessary  purpose,  or  for  drainage;  or  for  the 
tli'ainage  of  mines,  or  the  w^orking  thereof,  by  means  of  roads, 
raih'oads,  tramways,  cuts,  tunnels,  shafts,  hoisting  works, 
dumps,  or  other  necessary  means  to  their  complete  develop- 
ment, or  any  other  use  necessary  to  the  complete  develoj)ment 
of  the  material  resources  of  the  State,  or  the  ])reservation  of  the 
health  of  its  inhabitants,  is  hereby  declared  to  be  a  i)ublic  use, 
and  subject  to  the  regulation  and  control  of  the  State. 

Private  proi)erty  may  be  taken  for  public  use,  but  not  until  a 
just  comi)ensation,  to  be  ascertained  in  a  manner  proscribed  by 
law,  shall  be  j)aid  therefor. 

Sec.  15.    There  shall  be  no  Imprisonment  fop  debt  In  this 

•  xcept  in  ciiscs  of  fraud. 

U\.     No    bill   of   attainder,    ex  post    facto  law,    or   law 

ing  the  obligation  of  contracts,  shall  over  \)e  jjassed. 

17.     The   right  of    the   jxiople  to    be  secure    in    their 

]M  [  -nii^.  hoiix-..  ])ai)ei*sand  t-tTrcts against  unreasona)>losearchi's 

iiii<i  ><'\/.\\v-  >liall  luit   Ik-   violal<nl:  and   no  wai-i*rnt   shall  is>u»' 


without  probable  cause,  shown  by  affidavit,  particularly 
describing  the  place  to  be  searched  and  the  person  or  thing'  to 
be  seized. 

Sec.  18  Courts  of  justice  shall  be  open  to  every  person,  and 
a  speedy  remedy  afforded  for  every  injury  of  person,  property 
or  character,  and  right  and  justice  shall  be  administered 
without  sale,  denial,  delay,  or  prejudice. 

Sec.  .19.  No  power,  civil  or  military,  shall  at  any  time  inter- 
fere with  or  prevent  the  free  and  lawful  exercise  of  the  right  of 
suffrage. 

Sec.  20.  No  property  qualification  shall  ever  be  required  for 
any  person  to  vote  or  hold  office  except  in  school  elections  or 
elections  creating  indebtedness. 

Sec.  21.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  other  rights  retained  by  the  people. 


AETIOLE  II. 

DISTRIBUTION   OF   POWERS. 

Section  1 .  The  powers  of  the  government  of  this  State  are 
divided  into  three  distinct  departments,  the  Legislative,  Execu- 
tive and  Judicial;  and  no  person  or  collection  of  persons  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these 
departments,  shall  exercise  any  powers  properly  belonging  to 
either  of  the  others,  except  as  in  this  Constitution  expreesly 
directed  or  permitted. 


AETIOLE  III. 

legislative  department. 

Section  1 .  The  legislative  power  of  the  State  shall  be  vested 
in  a  senate  and  house  of  representatives.  The  enacting  clause 
of  every  bill  shall  be  as  follows:  "Be  it  enacted  by  the  Legis- 
lature of  the  State  of  Idaho." 

Sec.  2.  The  senate  shall  consist  of  eighteen  members  and 
the  house  of  representatives  of  thirty-six  members.  The  Legis- 
lature may  increase  the  number  of  senatore  and  representatives: 
Provided,  The  number  of  senators  shall  never  exceed  twenty- 
four,  and  the  house  of  representatives  shall  never  exceed  sixty 
members.     The  senators  and  representatives  shall  be  chosen  by 


9 

the  electors  of  the  respective  counties  or  districts  into  which 
the  State  may  from  time  to  time  be  divided  by  law. 

Sec.  3  The  senators  and  rei>resentatives  shall  be  elected  for 
the  term  of  two  years,  from  and  after  the  first  day  of  December 
ne.xt  following'  the  «-eneral  election. 

Sec.  4.  The  menilxjrs  of  the  first  legislature  shall  Ix?  ai)iMjr- 
litmedtothe  several  legislative  districts  of  the  State  in  i)ro- 
]H)rtion  to  the  number  of  votes  jxjUed  at  the  last  gfeneral 
election  for  Delejjate  to  Cong-ress,  and  thereafter  to  Ix?  apix)r- 
tioned  as  may  be  provided  by  law:  Provided,  Each  county 
shall  be  entitled  to  one  representative. 

Sec.  5.  A  senatorial  or  representative  district,  when  more, 
than  one  county  shall  constitute  the  same,  shall  l)e  comjK)sed  of 
(•ontijruous  counties  and  no  county  shall  be  divided  in  creating 

;<'h  districts. 

Sec.  fit  No  person  shall  1x5  a  senator  or  representative  who 
at  the  time  of  his  election  is  not  a  citizen  of  the  United  States 
and  an  elector  of  this  State,  nor  any  one  who  has  not  been  for 
for  one  year  next  preceding  his  election  an  elector  of  the 
county  or  district  whence  he  may  be  chosen. 

Sec.  7.  Senators  and  representatives,  in  all  cases  except  for 
treason,  felony,  or  breach  of  the  j)eace,  shall  be  privileged  from 
arrest  during  the  session  of  the  Legislature,  and  in  going  to 
and  returning  from  the  same,  and  shall  not  bo  liable  to  any 
civil  process  d\u-ing  the  session  of  the  Legislature,  nor  during 
the  ten  days  next  Ixjfore  the  commencement  thereof:  nor  shall 
a  member  for  words  uttered  in  debate  in  either  houso  K.  <.n.w. 
tioned  in  any  other  place. 

Sec.  8.  The  sessions  of  the  Legislature  shall.  afl«M-  nu-  msi 
session  thereof,  be  held  biennially,  at  the  Capital  of  the  State, 
commencing  on  the  first  Monday  after  the  first  day  of  Januai'y. 
and  every  second  year  thereafter,  unless  k  different  day  shall 
have  >)een  apjKjinted  by  law.  and  at  other  times  when  convened 
by  the  (iovernor. 

Sec.  9.     Each   house   when  assembled  shall  choose  its  own 

officers,  judge  of  the  election,  qualifications,  and  returns  of  its 

own  members,  determine  its  own  rules  of  proceeding,   and  sit 

u|)on  its  own  adjournments:  but  neither  house  shall,   without 

the  concurrontre  of  the  other,  adjourn  for  more  than  throe  day.s, 

'<►  any  other  place  than  that  in  which  it  may  lx»  sitting. 

.   10.     A  majority  of  etu'h  house  shall  constitue  a  (juorum 

'.  a..  )>n-iness,  but  a  smaller  numlx»r  may  adjourn  from  day  to 

.;;»> .  aii.l  may  comi>el  the  attendance  of  absent  members  in  such 


]0 

manner  and  under  such  penalties  as  such  house  may  provide. 
A  quorum  being  in  attendance,  if  either  house  fail  to  effect  an 
organization  within  the  first  four  days  thereafter,  the  members 
of  the  house  so  failing  shall  be  entitled  to  no  compensation  from 
the  end  of  the  said  four  days  until  an  organization  shall  have 
have  been  effected. 

Sec.  11.  Each  house  may,  for  good  cause  shown,  with  the 
€oncurrence  of  two-thirds  of  all  the  members,  expel  a 
member. 

Sec.  12.  The  busines  of  each  house,  and  of  the  committee  of 
the  whole,  shall  be  transacted  openly  and  not  in  secret  session. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings: 
and  the  yeas  and  nays  of  the  members  of  either  house  on  any 
question,  shall,  at  the  request  of  any  three  members  present,  be 
entered  on  the  journal. 

Sec.  14.  Bills  may  originate  in  either  house,  but-  may  be 
amended  or  rejected  in  the  other,  except  that  bills  for  raising 
revenue  shall  originate  in  the  house  of  representatives. 

Sec.  15.  No  law  shall  be  passed  except  by  bill,  nor  shall  any 
bill  be  put  upon  its  final  passage  until  the  same,  with  the 
amendments  thereto,  shall  have  been  printed  for  the  use  of  the 
members;  nor  shall  any  bill  become  a  law  unless  the  same  shall 
have  been  read  on  three  several  days  in  each  house  previous  to 
the  final  vote  thereon:  Provided,  In  case  of  urgency,  two- 
thirds  of  the  house  where  such  bill  may  be  pending  may,  upon 
a  vote  of  the  yeas  and  nays,  dispense  with  this  provision.  On 
the  final  passage  of  all  bills  they  shall  be  read  at  length,  sec- 
tion by  section,  and  the  vote  shall  be  by  yeas  and  nays  upon 
each  bill  separately,  and  shall  be  entered  upon  the  journal:  and 
no  bill  shall  become  a  law  without  the  concurrence  of  a  majority . 
of  the  members  jDresent. 

Sec.  16.  Every  a"fct  shall  embrace  but  one  subject  and 
matters  properly  connected  therewith,  which  subject  shall  be 
expressed  in  the  title:  but  if  any  subject  shall  be  embraced  in 
an  act  which  shall  not  be  expressed  in  the  title,  such  act  shall 
be  void  only  as  to  so  much  thereof  as  shall  n6t  be  embraced  in 
the  title. 

Sec.  17.  Every  act  or  joint  resolution  shall  be  plainly 
worded,  avoiding  as  far  as  practicable  the  use  of  technical 
terms. 

Sec.  18.  No  act  shall  be  revised  or  amended  by  mere  refer- 
ence to  its  title,  but  the  section  as  amended  shall  be  set  forth 
and  published  at  full  length. 


11 

Sk(  .   I.I.     The  legislature  shall  not  pass  local  or  8i>eclal 
in  any  of  t  lie  followingf  enumerated  cases,  that  is  to  .suv: 

lU-*;jrululin^^  the  jurisdiptiun  and    duties    of  justices  ( 
peace  and  constables. 

For  the  punishment  of  crimes  andraisdemoanors. 

lie;jrulatin;^  the  practice  of  4he  courts  of  justice. 

Providinjj  for  a  chanL-r  i>r  Vf  mu-  in  civil   or  criminal  actions. 

Granting:  divorce.-. 

Ohang-ing  the  nann  n  .-,  j,,  ,.-,>,...-  wi  ,..«v ..-. 

Authorizin«?  the  laying?  out,  0|)enin^,  altering?,  maintaining?, 
workinj^-  on,  or  vacating-  roads,  highways,  streets,  alleys,  town 
]ilat.s.  })arks,  cemeteries,  or  any  public  grounds  not  owned  by 
the  State. 

Summoning  and  impanneling  grand  and  trial  juries,  and  i)ro- 
viding  for  their  comjHjnsation. 

Regulating  county  and  townshii)  business,  or  the  election  of 
i-ounty  and  township  officers. 

For  the  assessment  and  collccUon  ^i  iuac.-.. 

Providing  for  and  conducting  elections,  or  designating  the 
place  of  voting. 

Affecting  estates  of  deceased  j^ersons,  minors,  or  other  persons 
under  legal  disabilities. 

Extending  the  time  for  collection  of  taxes. 

Giving  etTect  to  invalid  deeds,  leases  or  other  instruments. 

Refunding  money  paid  into  the  State  treasury. 

Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebted- 
ness, liability  or  obligation  of  any  person  or  corporation  in  this 
State,  or  any  municipal  corporation  therein. 

Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell, 
lease,  or  encumber  his  or  her  property. 

Legalizing  as  against  the  State  the  unauthorized  or  invalid 
act  of  any  otlicer. 

Exem])ting  ])roi)erty  from  taxation. 

Changing  county  seats  :  unless  the  law  authorizing  the  change 

shall  require  that  two-thirds  of  the  legal  vot^s  cast  at  a  general 

or  special  election  shall  designate  the  place  to  which  the  county 

seat  shall  Ix?  changed :  Provided,  That  the  power  to  pass  a 

special  law  shall  cease  as  long  as  the  Legislature  shall  i)rovide 

for  s»ich  change  by  general  law  :  Provided  further.  That  no 

il  law  shall  be  passed  for  any  one  county  oftener  than  once 

years. 

Restoring  to  citizenshij)  persons  coQvicted  of  infamous  crimes. 

Rrr'uljiliiit/  tlu'  iiilci'i'st  (til  nioiu'v. 


12 

Authorizing  the  creation,  extension  or  impairing  of  liens. 

Chartering  or  licensing  ferries,  bridges  or  roads. 

Remitting  fines,  penalties  or  forfeitures. 

Providing  for  the  management  of  common  schools. 

Creating  offices  or  prescribing  the  powers  and  duties  of  offi- 
cers in  counties,  cities,  township^,  election  districts,  or  school 
districts,  excejDt  as  in  this  Constitution  otherwise  provided. 

Changing  the  law  of  descent  or  succession. 

Authorizing  the  adoption  or  legitimization  of  children. 

For  limitation  of  civil  or  criminal  actions. 

Creating  any  corporation. 

Creating,  increasing  or  decreasing  fees,  percentages,  or  al- 
lowances of  public  officers  during  the  term  for  which  said 
officers  are  elected  or  appointed. 

Sec.  20.  The  Legislature  shall  not  authorize  any  lottery  or 
gift  enterprise  under  any  pretense  or  for  any  purpose  whatever. 

Sec.  21.  All  bills  or  joint  resolutions  passed  shall  be  signed 
by  the  presiding  officers  of  the  respective  houses. 

Sec.  22.  No  act  shall  take  effect  until  sixty  days  from  the 
end  of  the  session  at  which  the  same  shall  have  been  passed, 
except  in  case  of  emergency,  which  emergency  shall  be  declared 
in  the  preamble  or  in  the  body  of  the  law. 

Sec.  23.  Each  member  of  the  Legislature  shall  receive  for 
his  services  a  sum  not  exceeding  five  dollars  per  day  from  the 
commencement  of  the  session,  but  such  pay  shall  not  exceed  for 
aech  member,  except  the  presiding  officers,  in  the  aggregate 
three  hundred  dollars  for  per  diem  allowances  for  any  one  session; 
and  shall  receive  each  the*  sum  of  ten  cents  per  mile  each  way 
by  the  usual  traveled  route. 

When  convened  in  extra  session  by  the  Governor,  they  shall 
each  receive  five  dollars  per  day:  but  no  extra  session  shall  con- 
tinue for  a  longer  period  than  twenty  days,  except  in  case  of  the 
first  session  of  the  Legislature.  They  shall  receive  such  mileage 
as  is  allowed  for  regular  sessions.  The  presiding  officers  of  the 
Legislature  shall  each  in  virtue  of  his  office  receive  an  addi- 
tional compensation  equal  to  one-half  his  per  diem  allowance  as 
a  member:  Provided,  That  whenever  any  member  of  the 
Legislature  shall  travel  on  a  free  pass  in  coming  to  or  return- 
ing from  the  session  of  the  Legislature,  the  number  of  miles 
actually  traveled  on  such  pass  shall  be  deducted  from  the 
mileage  of  such  member. 

Sec.  24.  The  first  concern  of  all  good  government  is  the  vir- 
tue and  sobriety   of  the  people,  and  the  purity  of  the  home. 


Vi 

The   Legislature    should    further  all    wise  and    well  directed 
efforts  for  the  promotion  of  tenii^erance  and  morarity. 

Sec.  25.  The  meniljers  of  the  Le{;,»-islature  shall,  l)efore  they 
enter  upon  the  duties  of  their  resi)eetive  offices,  take  or  sul)- 
serilxi  the  following,'  oath  or  aftlmution:  "  I  do  solemly  swear 
(or  affirm,  as  the  case  may  be)  that  I  will  support  the  Constitu- 
tion of  the  United  States  and  the  Constitution  of  the  State  of 
Idaho,  and  that  I  will  faithfully  discharge  the  duties  of  senator 
(or  representative,  as  the  case  may  be)  according  to  the  l^est  of 
my  ability."-  And  such  oath  may  be  administered  by  the  Gov- 
ernor. Secretary  of  State,  or  judge  of  the  supreme  court,  or 
presiding  officer  of  either  house. 


AETIOLE  IV. 

EXECUTIVE   DEPARTMENT. 

Section  1.  The  executive  department  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor.  Secretary  of  State,  State  Auditor. 
State  Treasurer,  Attorney-General,  and  Superintendent  of  Pub- 
lic Instruction,  eiach  of  whom  shall  hold  his  office  for  two  years 
beginning  on  the  first  Monday  in  January  next  after  his  elec- 
tion, except  a6  otherwise  provided  in  this  Constitution.  The 
officers  of  the  executive  department,  excepting  the  Lieutenant- 
Governor,  shall,  during  their  tei*ms  of  office,  reside  at  the  seat 
of  government,  where  they  shall  keep  the  i)ublic  records,  books, 
and  papevs.  They  shall  preform  such  duties  as  are  prescribed 
by  this  Constitution  and  as  may  be  prescribed  by  law. 

Sec.  2.  The  officers  named  in  section  one  of  this  article 
shall  be  elected  by  the  qualified  electors  of  the  State  at  the 
time  and  places  of  voting  for  members  of  the  Legislature,  and 
the  persons,  resi)ectively,  having  the  highest  numl^er  of  votes 
for  the  office  voted  for  shall  be  elected;  but  if  two  or  more  shall 
have  an  equal  and  the  highest  numlxir  of  votes  for  any  one  of  said 
offices,  the  two  houses  of  the  Legislature  at  its  next  regular 
session,  shall  forthwith,  by  joint  ballot,  elect  one  of  such  \^v- 
sons  for  said  office.  The  returns  of  election  for  the  officers 
named  in  section  one  shall  l^e  made  in  such  manner  as  may  be 
pi*escribed  by  law,  and  all  contested  elections  of  the  same,  other 
than  provided  for  in  this  section,  shall  be  determined  as  may 
be  prescribed  by  law. 

Sec.  3.  No  j)erson  shall  )x>  eligible  to  the  office  of  Governor 
or  LieutenantrGovernor  unless  he  shall  have  attained  the  age 


14 

of  thirty  years  at  the  time  of  his  election:  nor  to  the  office  of 
Secretary  of  State,  State  Auditor,  Superintendent  of  Public 
Instruction,  or  State  Treasurer  unless  he  shall  have  attained 
the  age  of  twenty-five  years;  nor  to  the  office  of  Attorney-Gen- 
eral unless  he  shall  have  attained  the  age  of  thirty  years,  and 
have  been  admitted  to  practice  in  the  supreme  court  of  the  State 
or  Territory  of  Idaho,  and  be  in  good  standing  at  the  time  of  his 
election.  In  addition  to  the  qualifications  above  desci-ibed  each 
of  the  officers  named  shall  be  a  citizen  of  the  United  States 
and  shall  have  resided  within  the  State  or  Territory  two  years 
next  proceeding  his  election. 

Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  actual  service  of  the  United  States.  He  shall  have  power 
to  call  out  the  militia  to  execute  the  laws,  to  suppress  insurrec- 
tion, or  to  repel  invasion. 

Sec.  5.  The  supreme  executive  power  of  the  State  is  vested 
in  the  Governor,  who  shall  see  that  the  laws  are  faithfully 
executed. 

Sec.  6.  The  Governor  shall  nominate  and.  by  and  with  the 
consent  of  the  senate,  appoint  all  officers  whose  offices  are 
established  by  this  Constitution,  or  which  may  be  created  by  law 
and  whose  appointment  or  election  is  not  otherwise  provided 
for.  If,  dui'ing  the  recess  of  the  senate,  a  vacancy  occurs  in 
any  State  or  district  office,  the' Governor  shall  appoint  some  fit 
person  to  discharge  the  duties  thereof  until  the  next  meeting 
of  the  senate,  when  he  shall  nominate  some  person  to*  fill  such 
office.  If  the  office  of  a  Justice  of  the  supreme  or  district  court, 
Secretary  of  State,  State  Auditor,  State  Treasurer,  Attorney- 
General,  or  Superintendent  of  Public  Instruction  shall  be 
vacated  by  death,  resignation  or  otherwise,  it  shall  be  the  duty 
of  the  Governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be 
elected  and  qualified  in  such  manner  as  may  be  provided  by 
law. 

Sec.  7.  The  Governor,  Secretary  of  State,  and  Attorney- 
General  shall  constitute  a  board  to  be  known  as  the  board 
of  pardons.  Said  board,  or  a  majority  thereof,  shall  have 
power  to  remit  fines  and  forfeitures,  and  to  grant  commutations 
and  pardons  after  conviction  and  judgment,  either  absolutely 
or  upon  such  conditions  as  they  may  impose,  in  all  cases  of 
effenses  against  the  State  except  treason  or  conviction  on 
impeachment.     The  Legislature  shall  by  law  prescribe  the  ses-- 


sions  of  said  board  aiid  the  manner  in  which  api)lication  shall 
be  made  and  regulate  the  proceeding's  thereon;  but  no  fine  or 
foi'feiture  shall  Ixj  remitted,  and  no  commutation  or  pardon 
yrranted,  except  by  the  decision  of  a  majority  of  said  boaixl/ 
after  a  full  hearinjf  in  open  session,  and  until  previous  notic«3  of 
the  time  and  place  of  such  hearinfr  and  the  release  applied  for 
shall  have  lx?en  j^'-iveu  by  V'ii^>I><^'^«'tion  in  some  newspapta*  of 
ji^enei'al  circulation  at  least  once  a  week  for  four  weeks.  The 
l)r(H'cedin^s  and  decision  of  the  board  shall  be  reduced  to 
writing:  tind  with  their  reasons  for  their  action  in  each  case, 
and  the  dissent  of  aiiy  memlx?r  who  may  disagree,  sijjned  by 
him,  and  filed,  with  all  i)aper-  '  —  "i  ">  <■"  ^i-'  v«.M'i»"r  '« 
the  oflice  of  the  Seci*etary  of  Stu: 

The  Crovernor  shall  have  power  lo  ijiani  )<'spii<"s  oc  lopruvt  s 
in  all  cases  of  convictions  for  offenses  ag-aiiist  the  State,  excej^ 
treason  oi*  conviction  on  impeachment,  but  such  respites  or  re- 
prieves shall  not  extend  Ix^yond  the  next  session  of  the  boai'd  of 
l)ardons :  and  such  board  shall  at  such  sesssion  continue  or 
determine  such  respite  or  reprieve,  or  they  may  commute  or 
pardon  the  offense,  as  heroin  provided.  In  cases  of  conviction 
for  treason  the  jjovernor  shall  have  the  power  to  suspend  the 
execution  of  the  sentence  until  the  case  shall  ho  reported  to  the 
Leofislaturc  at  its  next  re^jular  session,  when  the  Legrislature 
shall  eithei*  pardon  or  commute  the  sentence,  direct  its  exe- 
cution, oi'  {j^riint  a  further  reprieve.  He  shall  commimicate  to ' 
the  Legislature,  at  each  regular  session,  each  case  of  remission 
of  fine  or  forfeiture,  reprieve,  commutation,  or  pardon  granted 
since  the  last  \  rcvious  report,  stating  the  name  of  the  convict, 
the  crime  of  which  he  was  convicted,  the  sentence  and  its  date, 
and  the  date  of  remission,  commutation,  pardon,  or  rei)rievc, 
with  the  reasons  for  granting  the  same,  and  the  objections,  if 
any,  of  any  member  of  the  board  made  thei-eto. 

Skc.  8.  The  Governoi*  may  require  information  in  wiiting 
from  the  otticei*8  of  the  executive  department  upon  any  sub- 
ject relating  to  the  duties  of  their  respet;tive  offices,  which 
information  shall  l)e  given  ujwn  oath  whenever  so  required;  he 
may  also  require  information  in  writing,  at  any  time,  under 
oath,  from  all  officers  and  managers  of  State  institutions,  upon 
any  subject  relating  to  the  condition,  management  and  exix;n«c« 
of  their  resixjctive  offices  and  institutions,  and  may  at  any  time 
he  deems  it  necessary.  ap))oint  a  committee  to  investigate  and 
i-eport  to  him  upon  the  condititon  of  any  executive  ofli<H3  or 
State  institution.     The  Governor  shall  at  the  commencement  of 


16 

each  session,  and  from  time  to  time,  by  message,  give  to  the 
Legislature  information  of  the  condition  of  the  State,  and  shall 
recommend  such  measures  as  he  shall  deem  expedient.  He 
shall  also  send  to  the  Legislature  a  statement,  with  vouchers,  of 
the  ex|3enditures  of  all  moneys  belonging  to  the  State  and  paid 
out  by  him.  He  shall  also,  at  the  commencement  of  each  ses- 
sion, present  estimates  of  the  amount  of  money  required  to  be 
raised  by  taxation  for  all  purposes  of  the  State. 

Sec.  9.  The  Governor  may,  on  extraordinary  occasions,  con- 
vene the  Legislature  by  proclamation,  stating  the  purposes  for 
which  he  has  convened  it;  but  when  so  convened  it  shall  have 
no  power  to  legislate  on  any  subjects  other  than  those  specified 
in  the  proclamation ;  but  may  provide  for  the  expenses  of  the 
session  and  other  matters  incidental  thereto.  He  may  also,  by 
proclamation,  convene  the  Senate  in  extraordinary  session  for 
the  transaction  of  executive  business. 

Sec.  10.  Every  bill  passed  by  the  Legislature  shall,'  before  it 
becomes  a  law,  be  presented  to  the  Governor.  If  he  approve, 
he  shall  sign  it,  and  thereupon  it  shall  become  a  law;  but  if  he 
do  not  approve,  he  shall  return  it  with  his  objections  to  the 
House  in  which  it  originated,  which  House  shall  enter  the 
objections  at  large  upon  its  journals  and  proceed  to  reconsider 
the  bill.  If  then  two-thirds  of  the  members  present  agree  to 
pass  the  same  it  shall  be  sent,  together  w^ith  the  objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered ; 
and  if  approved  by  two-thirds  of  the  members  present  in  that 
House,  it  shall  become  a  law,  notwithstanding  the  objections  of 
the  Governor.  In  all  such  cases  the  vote  of  each  House  shall  be 
determined  by  yeas  and  nays,  to  be  entered  on  the  journal. 
Any  bill  which  shall  not  be  returned  by  the  Governor  to  the 
Legislature  within  five  days,  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  shall  become  a  law  in  like  manner, 
as  if  he  had  signed  it,  unless  the  Legislature  shall,  by  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  be  filed,  with 
his  objections,  in  the  office  of  the  Secretary  of  State  within  ten 
days  after  such  adjournment  (Sundays  excepted)  or  become  a 
law. 

Sec.  11.  The  'Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  making  appropriations  of  money 
embracing  distinct  items,  and  the  part  or  parts  approved  shall 
become  a  law  and  the  item  or  items  disapproved  shall  be  void, 
imless  enacted  in  the  manner  following  :  If  the  Legislature  be 
in  session,  he  shall  within  five  days    transmit  to   the  House 


IT 

within  which  the  bill  orijfinated  a  copy  of  the  item  or  itemn 
thereof  disapi)i"ovecl,  together  with  his  objections  thereto,  and 
the  items  objected  to  shall  be  sei)aratoly  reconsidered,  and  each 
item  shall  then  take  the  same  course  as  is  prescrilxjd  for  the 
passajfe  of  bills  ovt?r  the  executive  veto. 

Sec.  12.  In  ease  of  the  failure  to  qualify,  the  imi>eachment. 
or  conviction  of  treason,  felony,  or  other  infamous  crime  of 
the  Governor,  or  his  death,  removal  from  office,  resignation, 
absence  from  the  State,  or  inability  to  discharjj^e  the  powers 
and  duties  of  his  office,  the  i)Ower8,  duties  and  emoluments  of 
the  office  for  the  residue  of  the  term,  or  until  the  disability 
shall  cea.se.  shall  devolve  upon  the  Lieutenant-Governor. 

Sec.  1H.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  vote  only  when  the  Senate  is  equally  divided. 
In  case  of  the  absence  or  disqualification  of  the  Lieutenant- 
Governor  from  any  cause  which  applies  to  the  Governor,  or 
when  he  shall  hold  the  office  of  Governor,  then  the  president 
pro  temjwre  of  the  Senate  shall  perform  the  duties  of  the  Lieu- 
tenant-Governor until  the  vacancy  is  filled  or  the  disability 
removed. 

Sec.  14.  In  case  of  the  failure  to  qualify  in  his  office, 
death,  resig-nation,  absence  from  the  State,  impeachment,  con- 
viction of  treason,  felony  or  other  infamous  crime,  or  dis- 
qualification from  any  cause,  of  both  Governor  and  Lieutenant- 
Governor,  the  duties  of  the  Governor  shall  devolve  upon  the 
president  of  the  Senate  pro  tempore,  until  such  disqualification 
of  either  the  Governor  or  Lieutenant-Governor  be  removed,  or  the 
vacancy  filled  ;  and  if  the  president  of  the  Senate,  for  any  of  the 
above  named  causes,  shall  become  incapable  of  performing"  the 
duties  of  Governor,  the  same  shall  devolve  upon  the  si)eaker  of 
the  House. 

Sec.  15.  There  shall  Ix*  a  seal  of  this  State,  which  shall  be 
kept  by  tlie  Secretary  of  State  and  used  by  him  officially,  and 
shall  be  called  "The  great  seal  of  the  State  of  Idaho."  The 
.seal  of  the  Territory  of  Idaho,  as  now  used,  shall  be  the  seal  of 
the  State  until  otherwise  provided  by  law. 

Sec.  Ifi.  All  grants  and  permissions  shall  be  in  the  name 
and  by  the  authority  of  the  State  of  Idaho,  sealed  with  the  great 
seal  of  the  State,  signed  by  the  Governor,  and  coimtersigned  by 
the  Secretai-y  of  State. 

Sec.  17.  An  account  shall  Ix'  kept  by  the  officers  of  the 
executive  department  and  of  all  public  institutions  of  the  State 
of  all  moneys  received  by  them  severally,  from  all  sources,  and 


18 

for  every  service  performed,  and  of  all  moneys  disbursed  by 
them  severally,  and  a  semi-annual  report  thereof  shall  be  made 
to  the  Governor,  imder  oath  :  they  shall  also,  at  least  twenty 
days  preceding-  each  regular  session,  of  the  Leg-islature,  make 
full  and  complete  reports  of  their  official  transactions  to  the 
Governor,  who  shall  transmit  the  same  to  the  Legislature. 

Sec.  18.  The  Governor.  Secretai'y  of  State,  and  Attorney- 
General  shall  constitute  a  board  of  State  prison  commissioners,, 
which  board  shall  have  such  supervision  of  all  matters  con- 
nected with  the  State  prison  as  may  be  prescribed  by  law. 
They  shall  also  constitute  a  board  of  examiners,  with  power  to 
examine  all  claims  against  the  State,  except  salaries  or  com- 
pensation of  officers  fixed  by  law.  and  perform  such  other  duties 
as  may  be  prescribed  by  law.  And  no  claim  ag-ainst  the  State, 
except  salaries  and  compensation  of  officers  fixed  by  law,  shall 
be  passed  upon  by  the  Legislature  without  first  having-  been 
considered  and  acted  upon  by  said  board. 

Sec.  U).  The  Governor.  Secretary  of  State.  State  Auditor. 
State  Treasiu'er.  Attorney-General,  and  Superintendent  of  Pub- 
lic Instruction  shall,  quarterly  as  due.  during-  their  continuance 
in  office.  I'eceive  for  their  services  compensation,  which  for  the 
term  next  ensuing-  after  the  adoption  of  this  Constitution,  is 
fixed  as  folloM^s  :  Governor,  three  thousand  dollars  per  annum  : 
Secretary  of  State,  one  thousand  eight  hundred  dollars  per 
annum ;  State  Auditor,  one  thousand  eight  hundred  dollars  per 
annum :  State  Treasurer,  one.  thousand  dollars  per  annum : 
Attorney-Genei'al.  two  thousand  dollars  per  annum :  and  Super- 
intendent of  Public  Instruction,  one  thousand  five  hundred 
dollars  per  annum.  The  Lieutenant-Governor  shall  receive  the 
same  per  diem  as  may  be  provided  by  law  foi'  the  speaker  of  the 
House  of  Representatives,  to  be  allowed  only  during-  the  session 
of  the  Legislature.  The  compensations  enumerated  shall  be  in 
full  for  all  services  by  said  officers  respectively,  rendered  in  any 
official  capacity  or  employment  whatever  during  their  respect- 
ive terms  of  office. 

No  officer  named  in  this  section  shall  i'eceive  for  the  perform- 
ance of  any  official  duty  any  fee  for  his  own  use,  but  all  fees 
fixed  by  law  for  the  performance  by  either  of  them  of  any 
official  duty  shall  be  collected  in  advance  and  deposited  with 
the  State  Treasurer  quarterly  to  the  credit  of  the  State.  The 
Legislature  may,  by  law,  diminish  or  increase  the  compensation 
of  any  or  all  of  the  officers  named  in  this  section,  but  no  such 
diminution  or  increase  shall  aft'ect  the  salaries  of  the  officers 


li> 

then  in  office  dui-iiij,^  their  Wvm-  Providku,  however,  The 
I^frislatmv  may  provide  for  the  payment  of  aetiuil  and  neces- 
sai'y  ex})enseH  to  tlie  (Jovernor.  LieuU*nant-(iovernor,  Secretary 
of  State.  Attorney-Cieneral.  and  Su])erintendent  of  Publiit  In- 
stnu'tion,  wliiU*  liavrlin«j  witliiii  tlu'  Sltilt-  in  the  peifornumco 
of  official  dut\ . 


ARTICLE  V. 

J  L'  DIt.'I  A  L    DKF A  RTM  KN  T. 

Ski:tion  I.  The  dintinctions  between  aiitions  at  law  and  suits 
in  equity,  and  the  forms  of  all  such  actions  and  suits,  are  hereby 
prohibited  :  and  there  shall  be  in  this  Stiite  but  one  form  of 
action  for  the  enforcement  or  protection  of  private  rig-htvs  or 
the  redress  of  j)rivate  wrono:s,  which  shall  be  denominated  a 
civil  action ;  and  every  action  prosecuted  by  the  ])eople  of  the 
State  as  a  i)arty  ayfainst  a  i)erson  charjJftMl  with  a  public  offense 
for  the  ])unishnicnt  of  the  same,  shall  be  tt^rmed  a  criminal 
action. 

Feij^med  issues  arc  prohibited,  and  the  fact  at  issue  shall  be 
tried  by  order  of  court  before  a  jury. 

Sec.  2.  The  judicial  ])ower  of  the  Sta,te  shall  1x3  vested  in  a 
court  for  the  trial  of  imj^eachments,  a  supreme  court,  district 
courts.  ])robate  courts,  courts  of  justices  of  the  i)eace,  and  such 
othei*  courts  inferior  to  the  su})reme  court  as  may  be  established 
by  law  for  any  incorporated  city  or  town. 

Sec.  .'{.  The  court  for  the  trial  of  im])eachments  shall  be  the 
senate.  A  majority  of  the  memlx)rs  elet^t<3d  shall  be  neccessary 
to  a  quorum,  and  the  jud^^ment  shall  not  extend  Ix'yond  removal 
from,  and  di.squalilication  to  hold  office  in  this  State  :  but  the 
party  shall  Ix'  liaV)le  to  indictment  and  ])»uHs1m>(iit  ju'coiiliiitir  to 
law. 

Sec.  4.  The  house  of  representatives  .-,«>m  ■>  .-nit..  lutM-  the 
jK)wer  of  imjHjachment.  No  peison  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  senators  elected.  When 
the  Governor  is  imi>eached  the  Chief  Justice  shall  preside. 

Sec.  T).  Treason  a<,aiinst  the  SUite  shall  (ronsist  only  in  levy- 
ing: wai'  ajrainst  it.  or  atlhei'injr  to  it,s  enemies,  jrivinjr  them  aid 
and  comfort.  No  jHjrson  shall  Ixi  convi(;tc(d  of  treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  con- 
fession in  open  court.  No  conviction  of  treason  or  attainder 
.).,.!  I  ..  M,k  corruption  of  blood  or  forfeiture  of  estate. 


20 

Sec.  6.  The  supreme  court  shall  consist  of  three  Justices,  a 
majority  of  whom  shall  be  necessary  to  make  a  quorum  or  pi'o- 
nounce  a  decision.  The  Justices  of  the  supreme  court  shall  be 
elected  by  the  electors  of  the  State  at  large.  The  terms  of  office 
of  the  justices  of  the  supreme  court,  except  as  in  this  article 
otherwise  provided,  shall  be  six  years.  The  Justices  of  the  su- 
preme court  shall,  immediately  after  the  first  election  under 
this  Constitution,  be  selected  by  lot,  so  that  one  shall  hold  his 
office  for  the  term  of  two  years,  one  for  the  term  of  four  years, 
and  one  for  the  term  of  six  years.  The  lots  shall  be  drawn 
by  the  Justices  of  the  supreme  court,  who  shall,  for  that  purpose, 
assemble  at  the  seat  of  g-overnment,  and  they  shall  cause  the 
result  thereof  to  be  certiffed  to  by  the  Secretary  of  State  and 
filed  in  his  office.  The  Justice  having  the  shortest  term  to  serve, 
not  holding  his  office  by  appointment  or  election  to  fill  a  vacancy, 
shall  be  the  Chief  Justice,  and  shall  preside  at  all  terms  of  the 
supreme  court,  and,  in  case  of  his  absence,  the  Justice  having 
in  like  manner  the  next  shortest  term  to  serve  shall  preside  in 
his  stead. 

Sec.  7.  No  Justice  of  the  supreme  court  shall  be  eligible  to 
any  other  office  of  trust  or  profit  under  the  laws  of  this  State 
during  the  term  for  which  he  was  elected. 

Sec.  8.  At  least  four  terms  of  the  supreme  court  shall  be  held 
:annually  :  two  terms  at  the  seat  of  State  government,  and  two 
terms  at  the  city  of  Lewiston,  in  Nez  Perce  County.  In  case 
"Of  epidemic,  pestilence,  or  destruction  of  court  houses,  the 
Justices  may  hold  the  terms  of  the  supreme  court  provided  by 
this  section  at  other  convenient  places,  to  be  fixed  by  a  majority 
of  said  Justices.  After  six  years  the  Legislature  may  alter  the 
provisions  of  this  section. 

Sec.  9.  The  supreme  court  shall  have  jurisdiction  to  review, 
upon  appeal,  any  decision  of  the  district  courts,  or  the  judges 
thereof.  The  supreme  court  shall  also  have  original  jurisdic- 
tion to  issue  writs  of  mandamus,  certiorari,  prohibition,  and 
habeas  corpus,  and  all  writs  necessary  or  proper  to  the  complete 
exercise  of  its  appellate  jurisdiction. 

Sec.  10.  The  supreme  court  shall  have  original  jurisdiction 
to  hear  claims  against  the  State,  but  its  decision  shall  be  merely 
recommendatory ;  no  process  in  the  nature  of  execution  shall 
issue  thereon  ;  they  shall  be  reported  to  the  next  session  of  the 
IjCgislature  for  its  action. 

Sec.  11.  The  State  shall  be  divided  into  five  judicial  dis- 
tricts, for  each  of  which  a  judge  shall  be  chosen  by  the  qualified 


21 

electors  thereof,  whose  term  of  office  shall  Ix?  four  yours.  And 
there  shall  be  held  a  district  court  in  each  county,  at  lea.st  twice 
in  each  year,  to  continue  for  such  time  in  each  county  as  may 
be  prescribed  by  law  :  but  the  I^«,'islature  may  reduce  or  increase 
the  numlxM* of  district**,  district  jud^'cs,  and  district  attorneys. 
This  section  shall  not  }x»  ctmstrued  to  prevent  the  holdinj^  of 
special  terms  imder  such  rejfulations  as  may  be  j>r()vided  by  law. 

Sec.  12.  Kvery  judjje  of  the  disti'ii't  court  shall  reside  in  the 
distriet  for  which  he  is  elected.  A  judj^e  of  any  district  court 
may  hold  a  district  court  in  any  county  at  the  request  of  the  judge 
of  the  district  court  thereof,  and  upon  the  request  of  the  Gk)ver- 
nor  it  shall  be  his  duty  to  do  so ;  but  a  cause  in  the  district  court 
may  be  tried  by  a  judge  pro  temi)ore,  who  must  be  a  member 
of  the  bar,  agi'ced  u])on  in  writing  by  the  parties  litigant,  or 
their  attorneys  of  record,  and  sworn  to  try  the  cause. 

Sec.  1.'{.  The  Legislature  shall  have  no  power  to  deprive  the 
judicial  dei)artment  of  any  jiower  or  jurisdiction  which  rightfully 
jwrtains  to  it  as  a  co-ordinate  dei)artment  of  the  government ; 
but  the  Legislature  shall  provide  a  proper  system  of  appeals, 
and  regulate  by  law.  when  necessary,  the  methods  of  pr(x;eed- 
ing  in  the  exercise  of  their  powers  of  all  the  courts  below  the 
supreme  court,  so  far  as  the  same  may  be  done  wdftiout  conflict 
with  this  Constitution. 

Sec.  14.  The  Legislature  may  provide  for  the  establishment 
of  sj)ecial  courts  for  the  trial  of  misdemeanors  in  incorporated 
cities  and  towns  where  the  same  may  Ix^  necessary. 

Sec.  1.").  The  clerk  of  the  supreme  court  shall  1x3  appointed 
by  the  court,  and  shall  hold  his  office  during  the  pleasure  of  the 
coiu't.  He  shall  receive  such  compensation  for  his  services  as 
may  be  provided  by  law. 

Sec.  16.  A  clerk  of  the  district  court  for  each  county  shall 
1x5  elected  by  the  qualified  voters  thereof  at  the  time  and  in  the 
manner  prescribed  by  law  for  the  election  of  members  of  the 
I»egislature,  and  shall  hold  his  office  for  the  term  of  four  years. 
•  Sec.  17.  The  salary  of  the  .Justices  of  the  supreme  court, 
luitil  othei-wisc  i)rovided  by  the  Legislature,  shall  Ix?  three 
thousand  dollars  each  i)er  annum,  and  the  salary  of  the  judges 
of  the  district  court,  until  otherwise  provided  by  the  Legisla- 
ture, shall  be  three  thousand  dollars  each  per  annum,  and  no 
.lustice  of  the  sui)reme  court,  or  judge  of  the  district  court, 
shall  be  paid  his  salary,  or  any  jmrt  thereof,  unless  he  shall 
have  first  taken  and  su)>scribed  an  oath  that  there  is  not  in  his 
hands  any  matter  in  controversy  not  decided  by  him  which  hatl 


been  finally  submitted  for  his  consideration  and  determination, 
thirty  days  prior  to  the  taking  and  subscribing-  such  oath. 

Sec.  18.  A  district  attorney  shall  be  elected  for  each  judicial 
district  by  the  qualified  electors  thereof,  who  shall  hold  office 
for  the  term  of  four  years,  and  x^erform  such  duties  as  may  be 
prescribed  by  law.  He  shall  be  a  practicing  attorney  at  law 
and  a  resident  and  elector  of  the  district.  He  shall  rtjceive  as 
compensation  for  his  services  twenty-five  hundred  dollars  per 
annum. 

Sec.  19.  All  vacancies  occuring  in  the  offices  provided  for  by 
this  article  of  the  Constitution  shall  be  filled  as  provided  by  law. 

Sec.  20.  The  district  court  shall  have  original  jurisdiction 
in  all  cases,  both  at  law  and  in  equity,  and  such  appellate  juris- 
diction as  may  be  conferred  by  law. 

Sec.  21.  The  probate  courts  shall  be  courts  of  record,  and 
shall  have  original  jurisdiction  in  all  matters  of  probate,  settle- 
ment of  estates  of  deceased  pei'sons.  and  appointment  of  guard- 
ians ;  also  jurisdiction  to  hear  and  determine  all  civil  cases 
wherein  the  debt  or  damage  claimed  does  not  exceed  the  sum 
of  five  hundred  dollars,  exclusive  of  interest,  and  concurrent 
jurisdiction  with  justices  of  the  peace  in  criminal  cases. 

Sec.  22.  in  each  county  of  this  State  there  shall  be  elected 
justices  of  the  ol  the  peace  as  prescribed  by  law.  Justices  of  the 
peace  shall  have  such  jurisdiction  as  may  be  conferred  by  law, 
but  they  shall  not  have  jurisdiction  of  any  cause  wherein  the 
value  of  the  propei'ty  or  the  amount  in  controversy  exceeds 
the  sum  of  three  hundred  dollars,  exclusive  of  interest,  nor 
where  the  boundaries  oi'  title  to  any  i-eal  property  shall  be  called 
in  question. 

Sec.  23.  No  person  shall  be  eligible  to  the  office  of  district 
judge  unless  he  be  learned  in  the  law,  thirty  years  of  age,  and  a 
citizen  of  the  United  States,  and  shall  have  resided  in  the 
State  or  Territory  at  least  two  years  next  i:)receeding  his  elec- 
tion, nor  unless  he  shall  have  been  at  the  time  of  his  electiop. 
an  elector  in  the  judicial  district  foi*  which  he  is  elected. 

Sec.  24.  Until  otherwise  provided  by  law.  the  judicial  dis- 
tricts shall  be  five  in  number,  and  constituted  of  the  jollowing 
counties,  viz  :  First  district.  Shoshone  and  Kootenai ;  second 
district.  Latah,  Nez  Perce,  and  Idaho :  third  district,  Wash- 
ington, Ada,  Boise,  and  Owyhee  :  fourth  district,  Cassia,  Elmore, 
Logan,  and  Alturas ;  fifth  district.  Beat*  Lake.  Bingham. 
Oneida,  Lemhi,  and  Custer. 

Sec.  25.     The  judges  of  the  district  courts  shall,  on  or  before 


'2:\ 

the  first  (lay  of  .hily  in  eiich  yeav.  i-eixu't  in  writ  in;,'  to  llif 
Justioos  of  the  sui)rtMne  court,  such  defi.'ots  or  omissions  in  the 
laws  an  their  knowledjje  and  exjwrience  may  siijfirest.  and  the 
.Justices  of  the  supreme  <!Ourt  shall,  on  or  Ixjfore  the  lii*st  day 
of  December  of  each  year.  reix)rt  in  writing:  to  the  Governor, 
to  be  by  him  transmitted  to  the  Legislature,  toffether  with  his 
nicssayrc  such  defects  and  omissions  in  the('(»nstitution  and  laws 
as  they  may  find  to  exist. 

Sec.  2H.  All  laws  relatinjj  to  courts  shall  Ix'  yfcneral  and  of 
uniform  oi)erati()n  throu«chout  the  State,  and  the  organized 
judicial  powers.  prtH'eedinj»'s.  and  pra<*tices  of  all  the  courts  of 
the  samti  class  or  j»ra<le,  so  far  as  retrulated  ))y  law.  and  the 
force  and  effect  of  the  proceedinj^s.  jud<,'ments.  and  decrees  of 
such  courts,  severally,  shall  be  uniform. 

Sec.  '21.  The  Leg^islature  may  by  law  diminish  or  increase 
the  com])ensation  of  any  or  all  the  followinjj  officers,  to-wit : 
(Governor.  Lieutenant-Governor.  Secretary  of  State.  State 
Auditor.  State  Treasurer.  Attorney-General.  Su]>erint<.mdent  of 
l^ublic  Instruction,  commissioner  of  immij^ration  and  lalwr, 
.Justices  of  the  Supreme  C'ourt,  and  judges  of  the  district  courts 
and  district  attorney's:  but  no  diminution  or  increase  shall  affect 
the  compensation  of  the  officer  then  in  office  during  his  term: 
Provided,  however.  That  the  Legislature  may  provide  for 
the  j)ayment  of  actual  and  necessary  expenses  of  the  Govornor, 
Secretary  of  State.  Attorney-General,  and  Superintendent  of 
Public  Instruction  incurred  while  in  performance  of  official 
dutv. 


AKTIOLE  VL 

SUFFRAGE    AND  ELECTIONS, 

Sectk^n  1.  All  elections  by  t§e  people  must  oe  by  ballot. 
An  absolutt'ly  secret  l)allot  is  hereby  guaranteed,  and  it  shall  l)e 
the  duty  of  the  Legislatiu*e  to  enact  such  laws  as  shall  carry 
this  section  into  effect. 

Sec.  2.  ICxcept  as  in  this  article  otherwise  i)rovided,  every 
male  citizen  of  the  United  States,  twenty-one  years  old,  who  has 
actually  resided  in  this  State  or  Territory  for  six  months,  and 
in  the  county  where  he  offers  to  vote,  thirty  days  next  preceding 
the  day  of  election,  if  registered  as  provided  by  law,  isaqali- 
fied  elector:  and  until  othewise  provided  by  the  Legislature, 
women  who  have  the  qualifications  ])rescrilH'd  in   this  article. 


24 

may  continue  to  hold  such  school  offices  and  vote  at  such  school 
elections  as  provided  by  the  laws  of  Idaho  Territory. 

Sec.  3.  No  person  is  permitted  to  vote,  serve  as  a  juror,  or 
hold  any  civil  office  who  is  under  guardianship,  idiotic  or 
insane,  or  who  has, at  any  place.been  convicted  of  treason,  felony, 
embezzlement  of  the  public  funds,  bartering-  or  selling,  or  offer- 
ing to  barter  or  sell  his  vote,  or  purchasing  or  offering  to  pur- 
chase the  vote  of  another,  or  other  infamous  crime,  and  who  has 
not  been  restored  to  the  rights  of  citizenship,  or  who,  at  the 
time  of  such  election,  is  confined  in  prison  on  conviction  of  a 
criminal  offense,  or  who  is  a  bigamist  or  polygamist,  or  is  liv- 
ing in  what  is  known  as  patriarchal,  plural  or  celestial  mar- 
riage, or  in  violation  of  any  law  of  this  State,  or  of  the  United 
States,  forbidding  any  such  crime;  or  who,  in  any  manner, 
teaches,  advises,  counsels,  aids,  or  encourages  any  person  to 
enters  into  bigamy,  polygamy,  or  such  patriarchal,  plural,  or 
celestial  marriage,  or  to  live  in  violation  of  any  such  law.  or  to 
commit  any  such  crime:  or  who  is  a  member  of  or  contributes 
to  the  support,  aid,  or  encouragement  of  any  order,  organi- 
zation, association,  corporation  or  society,  which  teaches, 
advises,  counsels,  encourages,  or  aids  any  person  to  enter  into 
bigamy,  polygamy  or  such  patriarchal,  or  plural  marriag-e,  or 
which  teaches  or  advises  that  the  laws  of  this  State  prescribing* 
rules  of  civil  conduct,  are  not  the  supreme  law  of  the  State;  nor 
shall  Chinese,  or  persons  of  Mongolian  descent,  not  born  in  the 
United  States,  nor  Indians  not  taxed,  who  have  not  severed 
their  tribal  relations  and  adopted  the  habits  of  civilization, 
either  vote,  serve  as  jurors,  or  hold  any  civil  office. 

Sec.  4  The  Legislature  may  prescribe  qualifications,  limita- 
tions, and  conditions  for  the  right  of  suft"i-age  additional  to 
those  prescribed  in  this  article,  but  shall  never  annul  any  of 
the  provisions  in  this  article  contained. 

Sec.  5.  Fhr  the  purpose  of  ftt^oting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence  or 
absence  while  employed  in  the  service  of  this  State,  or  of  the 
United  ^  States,  nor  while  engaged  in  the  navigation  of  the 
waters  of  this  State  or  of  the  United  States,  nor  while  a  student 
of  any  institution  of  learning,  nor  while  kept  at  any  alms-house 
or  other  asylum  at  the  public  expense. 


ARTICLE  VII. 

FINANCE  AND  REVENUE. 

Section  1.  Thr  fiscal  year  shall  commence  on  the  Hccond 
Monday  of  January  in  each  year,  unless  otherwise  provided  by 
law. 

Sec.  2.  The  Iye»i^islature  shall  i)rovide  such  revenue  as  may 
be  needful,  by  levying  a  tax  })y  valuation,  so  that  every  i)erHon 
or  corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his, 
her,  or  its  projxjrty,  excei)t  as  in  this  article  herinafter  otherwise 
provided.  The  Le}iri«liiture  may  also  impose  a  license  tax  (both 
u])on  natural  persons  and  upon  corporations,  other  than  munici- 
pal, doin^T  business  in  this  State):  also  a  per  capita  tax:  PRO- 
VIDED, The  legislature  may  exempt  a  limited  amount  of 
improvements  uj)on  land  from  taxation. 

Sec.  3.  The  word  "  property  '"  as  herein  used  shall  l^e  defined 
and  classified  by  law.  ^ 

Sec.  4.  The  property  of  the  United  States,  the  State, 
counties,  towns,  cities,  and  other  municipal  cori)orations  and 
public  libraries,  shall  be  exempt  from  taxation. 

Sec.  5.  All  taxes  shall  be  uniform  ujjon  the  same  cla^s  of 
subjects  within  the  territorial  limits,  of  the  authority  levying 
the  tax,  and  shall  be  levied  und  collected  under  jreneral  laws, 
which  shall  pi-es(!ril)e  such  regulations  as  shall  secure  a  just 
valuation  for  taxation  of  all  property,  real  and  personal:  PRO- 
VIDED, That  the  Legislature  may  allow  such  exemptions  from 
taxation  from  time  to  time  as  shall  seem  necessary  and  just, 
and  all  existing  exemptions  provided  by  the  laws  of  the  Terri- 
tory, shall  continue  until  changed  by  the  Legislature  of  the 
State:  Provided,  further.  That  du])licate  taxation  of 
l)roperty  for  the  ^ame  })ur])ose  during  the  same  year,  is  hereby 
prohibited. 

Sec.  6.  The  Legislature  shall  not  impose  taxes  for  the  pin- 
pose  of  any  county,  city,  town,  or  other  municipal  corjwration, 
but  may  by  law  invest  in  the  cori)orate  authorities  thereof, 
resiHjctively,  the  ])ower  to  assess  and  collect  taxes  for  all  pur- 
I)08es  of  such  coi-])oration. 

Sec.  T.  All  taxes  levied  for  Stat<;  j)uri)oses  shall  be  paid  inUi 
the  State  Treasui*y.  and  no  county,  city,  town,  or  other  munici- 
pal cor})oi-ation,  the  inhubitants  thereof,  nor  the  proj)erty 
therein,  shall  Ije  released  or  discharged  fnmi  their  or  itifpro' 
porlionate  share  of  taxes  to  l)e.  levied  for  State  i)ur]>oses. 


Sec.  8.  The  power  to  tax  corporations  or  corporate  property, 
^th  real  and  personal,  shall  never  be  relinquished  or  suspended, 
and  all  corporations  in  this  State  or  doing  business  therein, 
shall  be  subject  to  taxation  for  State,  county,  school,  municipal, 
and  other  purposes,  on  real  and  personal  property  owned  or 
used  by  them,  and  not  by  this  Constitution  exempted  from  taxa- 
tion within  the  territorial  limits  of  the  authority  levying  the 
tax. 

Sec.  1).  The  rate  of  taxation  of  real^and  pei'sonal  property 
for  State  purposes  shall  never  exceed  ten  (JO)  mills  on  each  dollar 
©f  assessed  valuation:  and  if  the  taxable  property  in  the  State 
shall  amount  to 'fifty  million  (50.000.000)  dollars  the  rate  shall 
not  exceed  five  (5)  mills  on  each  dollar  of  valuation:  and  when- 
ever the  taxable  property  in  the  State  shall  amount  to  one  hun- 
dred million  (100.000.000)  dollars,  the  rate  shall  not  exceed 
three  (3)  mills  on  each  dollar  of  valuation:  and  whenever  the 
i-yaxable  property  in  the  State  shall  amount  \o  three  hundred 
million  (300.000.000)  dollars  the  i^te  shall  never  thei'eaftei* 
exceed  one  and  one-half  (H)  mills  on  each  dollar  of  valua- 
tion, unless  a  proposition  to  increase  such  rate,  specifying  the 
rate  proposed  and  the  time  during  which  the  same  shall  be 
levied,  shall  have  been  submitted  to  the  people  at  a  general 
election,  and  shall  have  received  a  majority  of  all  the  votes  cast 
lor  and  against  it  at  such  election. 

Sec.  10.  The  making  of  profit,  directly  or  indirectly,  out  of 
State,  county,  city.  town,  township,  or  school  district  money,  or 
iisiiig  the  same  for  any  purpose  not  authorized  by  law,  by  any 
public  officer,  shall  be  deemed  a  felony,  and  shall  be  punished 
as  provided  by  law. 

Sec.  1 1 .  No  appropriation  shall  be  made,  nor  any  expendi- 
ture aiithorized  by  the  Legislature,  whereby  the  expenditure  of 
the  State  during  any  fiscal  year  shall  exceed  the  total  tax  then 
provided  for  by  law,  and  applicable  to  such  appropriation  or 
expenditure  unless  the  Legislature  making  such  appropriation 
shall  provide  for  levying  a  sufficient  tax.  not  exceeding  the 
rates  allowed  in  section  nine  (9)  of  this  article,  to  pay  such  appro- 
priation or  expenditure  within  such  fiscal  year.  This  pro- 
vision shall  not  apply  to  appropriations  or  expenditures  to 
5*uppress  insurrection,  defend  the  State,  or  assist  in  defending 
the  United  States  in  time  of  war. 

Sec.  12.  There  shall  be  a  State  board  of  equalization,  con- 
sistihg  of  the  Governor,  Secretary  of  State.  Attorney-General, 
State  Auditor,  and  State  Treasurer,   whose  duties  shall  be  pre- 


ijcrited  by  luw.  Tin.'  }x)ard  of  (Mjunty  conimLssioners  for  the 
several  count  it's  of  t  lie  Stute,  shall  eonstitute  }x)ai(l.s  of  equali- 
zation for  tlieir  respective  counties,  whose  duty  it  shall  Ik?  to 
equalize  the  valuation  of  the  taxable  j)roi)t^i'ty  in  the  county, 
under  such  rules  and  regfulations  as  shall  be  j)rescrilxHi  l)y  law. 
isEC.  13.  No  money  shall  Ixj  drawn  from  the  treanury.  but  in 
j)ui'suajjce  of  api)ro])riations  mtule  by  law. 

Sec.  14.  No  money  shall  be  drawn  from  the  county  treau- 
uries  excei)t  ui)on  the  warrant  of  a  duly  authorized  otticer,  in 
such  manner  and  form  as  shall  )x'  i)rescribed  ))y  the  I^^^-isla- 
ture. 

Sec.  1").  The  Legislature  shall  i)r()vide  by  law.  such  a  sys- 
tem of  county  finance,  as  shall  cause  the  business  of  the  several 
counties  to  be  conducted  on  a  cash  Ijasis,  It  shall  also  provide 
that  whenever  any  county  shall  have  any  wan-ants  outstandinjf 
And  unpaid,  for  the  payment  of  which  there  are  no  funds  in  the 
county  treasury,  the  comity  commissioners,  in  addition  to  other 
taxes  provided  by  law.  shall  levy  a  special  tax.  not  to  exceed  ten 
(10)  mills  on  the  dollar,  of  taxable  property,  as  shown  by  the  la.st 
preceding  assessment,  for  the  creation  of  a  si)ecial  fund  for  the 
redemption  of  said  warrants:  and  after  the  levy  of  such  special 
tax,  all  warrants  issued  Ijefore  such  levy,  shall  be  i)aid  exclu- 
sively out  of  said  fund.  All  moneys  in  the  county  treasury  at 
the  end  of  each  fiscal  year.not  needed  for  current  expenses. shall 
be  transferi'ed  to  said  redemption  fund. 

Sec.  H).  The  Lejjislature  shall  pass  all  laws  necessary  to 
wcarry  out  the  provisions  of  this  article. 


AETIOLE  Vni. 

PUBLIC  INDEBTEDNESS  AND  SUBSIDIES 

Seci'ION  1.  The  Leg-islature  shall  not  in  any  manner  create 
any  debt  or  debts,  liability  or  liabilities,  which  shall  sino^ly  or 
in  the  ayr^'^rejrate.  exclusive  of  the  debt  of  the  Territory  at  the 
date  of  its  admission  as  a  State,  exceed  the  sum  of  one  and  one- 
half  per  centum  uiK)n  the  iis.sessed  value  of  the  taxable  i)roi>t»rty 
in  the  State,  except  in  case  of  war.  to  rei)el  an  invasion  or 
suppress  insurrection,  unless  the  same  shall  he  authorized  by  law 
for  some  sing-le  object  or  work  to  be  distinctly  sjiecified  therein, 
which  law  shall  i)rovide  ways  and  means,  exclusive  of  loans,  for 
the  payment  of  the  interest  of  such  debt  or  liability,  as  it  falls 
due:  and  also  for  the  payment  and  dischargre  of  the   ]>rinci]>al  of 


2S 

such  debt  or  liability,  within  twenty  years  of  the  time  of  the 
contracting  thereof,  and  shall  be  irrepealable  until  the 
principal  and  interest  thereon  shall  be  paid  and  dis- 
charged :  but  no  such  law  shall  take  effect  until  at  a 
general  election  it  shall  have  been  submitted  to  the  people, 
and  shall  have  received  a  majority  of  all  the  votes  cast  for  and 
against  it  at  such  election  :  and  all  moneys  raised  by  the  author- 
ity of  such  law, shall  be  applied  only  to  the  specified  object  therein 
stated,  or  to  the  payment  of  the  debt  thereby  created,  and  such 
law  shall  be  published  in  at  least  one  newspaper  in  each  county, 
or  city  and  county,  if  one  be  published  therein,  throughout  the 
State,  for  three  months  next  preceding  the  election  at  which 
it  is  submitted  to  the  people.  The  Legislature  may,  at  any 
time  after  the  approval  of  such  law,  by  the  peoi3le,  if  no  debt 
shall  have  been  contracted  in  pursuance  thereof,  repeal  the 
same. 

Sec.  2.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given,  or  loaned  to,  or  in  aid  of  any  individual,  association, 
municipality  or  corporation:  nor  shall  the  State  directly  or 
indirectly,  become  a  stockholder  in  any  association  or  corpor- 
ation. 

Sec.  3.  No  county,  city,  town,  township,  board  of  education, 
or  school  district,  or  other  sub-division  of  the  State,  shall  incur 
any  indebtedness,  or  liability  in  any  manner,  or  for  any  purpose, 
exceeding  in  that  year,  the  income  and  revenue  provided  for  it 
for  such  year,  without  the  assent  of  two-thirds  of  the  qualified 
electors  thereof,  voting  at  an  election  to  be  held  for  that  pur- 
pose, nor  unless,  before  or  at  the  time  of  incurring  such  indebt- 
edness provision  shall  be  made  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls 
due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the 
principal  thereof,  within  twenty  years  from  the  time  of  con- 
tracting the  same.  Any  indebtedness  or  liability  incurred  con- 
trary to  this  provision  shall  be  void :  Provided,  That  this 
section  shall  not  be  construed  to  apply  to  the  ordinary  and 
necessary  expenses  authorized  by  the  general  laws  of  the  State. 
Sec.  4.  No  county,  city,  town,  townshij),  board  of  education, 
or  school  district,  or  other  sub-division,  shall  lend,  or  pledge 
the  credit  or  faith  thereof  directly  or  indirectly,  in  any  manner, 
to,  or  in  aid  of  any  individual,  association  or  corporation,  for 
any  amount  or  for  any  purpose  whatever,  or  become  responsible 
for  any  debt,  contract  or  liability  of  any  individual,  association 
or  corporation  in  or  out  of  this  State. 


ARTICLE  IX. 

KDUCATION  AND  SCHOOL  LANDS. 

Spxmox  1.  The  stability  of  a  republican  form  of  govern- 
ment depending  mainly  iijwn  the  intelligence  of  the  people,  it 
shall  be  the  duty  of  the  Legislature  of  Idaho,  to  establish  and 
maintain  a  general,  uniform  and  thorough  system  of  public,  free 
common  schools,  * 

Sec,  2.  The  general  sui)er vision  of  the  public  schools  of  the 
Stat«  shall  be  vested  in  a  board  of  education,  whose  powers  and 
duties  shall  be  prescribed  by  law:  the  Suj)erintendent  of  Public 
Instruction,  the  Secretary  of  State  and  Attorney-General,  shall 
constitute  the  board,  of  which  the  Supei-intendant  of  Public 
Instruction  shall  \ye  i)resident. 

Sec.  .3,  The  i)ublic  school  fund  of  the  State  shall  forever 
remain  inviolate  and  intact :  the  interest  thereon  only  shall  Ix?  , 
expended  in  the  maintenance  of  the  schools  of  the  State,  and 
shall  be  distributed  among  the  several  counties  and  school  dis- 
tricts of  the  State  in  such  manner  as  may  be  prescribed  by  law. 
No  part  of  this  fund,  principal  or  interest,  shall  ever  be  trans- 
ferred to  any  other  fund,  or  used  or  appropriated  except  as 
herein  provided.  The  State  Treasurer  shall  be  the  custodian 
of  this  fund,  and  the  same  shall  lie  securely  and  profitably 
invested  as  may  Ix?  by  law  dii-ected.  The  State  shall  su})ply  all 
losses  thereof  that  may  in  any  manner  occur. 

Sec.  4.  The  public  school  fund  of  the  State  shall  consist  of 
the  proceeds  of  such  lands  as  have  heretofore  been  granted,  or 
may  hereafter  be  granted,  to  the  State  by  the  general  govern- 
ment, known  as  school  lands,  and  those  granted  in  lieu  of  such: 
lands  acquired'  by  gift  or  grant  from  any  })erson  or  corjioration, 
under  any  law  or  grant  of  the  general  government:  and  of  all 
other  grant^s  of  land  or  money  made  to  the  State  from  the  gen- 
eral government  for  general  edu(;ational  jmrposes,  or  where  no 
other  special  })urpose  is  indicated  in  such  grant :  all  estates  or 
distributive  shares  of  estates  that  may  escheat  to  the  State:  all 
unclaimed  shares  and  dividends  of  any  corporation  incoriK)rated 
under  the  laws  of  the  State;  and  all  other  grants,  gifts,  devises, 
or  bequests  made  to  the  State  for  general  educational  puri)oses. 

Sec.  5.  Neither  the  Legislature,  nor  any  county,  city,  town, 
township,  school  district,  oi*  other  i)ublic  corporation,  shall 
ever  make  any  ai)])ro]>riation,  or  j)ay  from  any  i)ublic  fund  or 
moneys  whatever,  anything  in  aid  of  any  church  or  sectarian,  oi* 
religious  society,  or  for  any  sectai'ian  or  religious  purpose,  or  to 


help  support  or  sustain  any  school,  academy,  seminary,  college, 
university  or  other  literary  or  scientific  institution,  controlled 
by  any  church  or  sectarian  or  religious  denomination  whatso- 
ever; nor  shall  any  grant  or  donation  of  land,  money  or  other 
personal  property  ever  be  made  by  the  State,  or  any  such  public 
corpoi-ation,  to  any  church  or  for  any  sectarian  or  I'eligious 
purpose. 

Sec.  ().  No  religious  test  or  qualification  shall  ever  be 
required  of  any  person  as  a  condition  of  admission  into  any 
public  educational  institution  of  the  State,  either  as  teacher  or 
student:  and  no  teacher  or  student  of  any  such  institution  shall 
ever  be  required  to  attend  or  participate  in  any  religious  ser- 
vice whatever.  No  sectarian  or  religious  tenets  or  doctrines 
shall  ever  be  taught  in  the  public  schools,  nor  shall  any  dis- 
tinction or  classification  of  pupils  be  made  on  account  of 
race  oi-  color.  No  books,  papers,  tracts  or  documents  of  a 
political,  sectarian  or  denominational  character  shall  be  used 
or  introduced  in  any  schools  established  under  the  provisions  of 
this  article,  nor  shall  any  teacher  or  any  district  receive  any  of 
the  public  school  moneys  in  which  the  schools  have  not  been 
taught  in  accordance  with  the  provisions  of  this  article. 

Sec.  7.  The  Governor,  Superintendent  of  Public  Instructiun, 
Secretary  of  State,  and  Attorney-General,  shall  constitute  the 
State  board  of  land  commissioners,  who  shall  have  the  direc- 
tion, control  arid  disposition  of  the  public  lands  of  the  State, 
imder  such  i-egulations  as  may  be  prescribed  by  law. 

Sec.  8.  It  shall  be  the  duty  of  the  State  board  of  land 
commissioners  to  provide  for  the  location,  protection,  sale  or 
I'ental  of  all  the  lands  heretofore,  or  which  may  hereafter  be, 
granted  to  the  State  by  the  general  government,  under  such 
regulations  as  may  be  prescribed  by  law,  and  in  such  manner  as 
will  secure  the  maximum  possible  amount  therefor  :  Provided, 
That  no  school  lands  shall  be  sold  for  less  than  ten  (10) 
dollars  per  acre.  No  law  shall  ever  be  passed  by  the  Legis- 
lature granting  any  privileges  to  persons  who  may  have 
settled  upon  any  such  public  lands,  subsequent  to  the  survey 
thereof  by  the  general  government,  by  which  the  amount  to  be 
derived  by  the  sale,  or  other  disposition  of  such  lands,  shall  be 
diminished,  directly  or  indirectly.  The  Legislature  shall,  at 
the  earliest  practicable  period,  provide  by  law  that  the  general 
grants  of  land  made  by  Congress  to  the  State  shall,  be  judi- 
ciously located  and  carefully  preserved  and  held  in  trust, 
subject  to  disposal   at  public  auction  for  the  use  and  benefit  of 


M 

the  resi^HJC'tive  object**  foi-  which  said  giants  of  land  were  inmhx 
and  the  I-A«y:ishiture  shall  i)rovide  for  the  sale  of  said  lands  from 
time  to  time,  and  for  the  sale  of  timlKT  on  all  Stat/*?  lands,  and  for 
the  faithful  applii-ation  of  the  ])r(K'eeds  thereof  in  arrordancc 
with  the  terms  of  said  j,^rants:  1*kovided,  That  not  to  t?xee©d 
twenty-live  sections  of  school  lands  shall  bt^  sold  in  any  tme 
year,  and  to  be  sold  in  subdivisions  of  not  ti)  exeeed  one  hundred 
and  sixty  <  HiO)  acres  to  any  one  individual,  company  or  c<)r}H>r- 
at  ion. 

Skc.  !>.  The  I^'i'-islature  may  require  by  law  that  every 
child  of  sutticient  mental  and  i)hysical  ability  shall  attend  the 
public  sch(H)l  throujrhout  the  period  )x?tween  the  a^es  of  six 
and  eiyfhteen  years,  for  a  time  e(iuivalcnt  to  three  years,  unless 
educated  by  other  means. 

Sec.  10.  The  location  of  the  university  of  Idaho,  as  estab- 
lished by  existinji:  laws  is  hereby  confirmed.  All  the  rights, 
inuuunities,  franchises,  and  endowments  heretofore  granted 
thereto  by  the  Territory  of  Idaho  are  hereby  per])etuatcxl  unto 
the  said  university.  The  Regents  shall  have  the  genei'al 
suiH«rvisi(m  of  the  university,  and  the  control  and  direction  of 
all  the  funds  of.  and  ai)propriations  to.  the  university,  under 
such  regulations  as  may  be  prescrilxjd  }\v  Inw.  No  imiversity 
lands  shall  be  sold  for  less  than  ten  dollars  per  acre,  and  in 
subdivisions  not  to  exceed  one  hundred  any  sixty  acres,  to  any 
one  ])erson.  comjiany  or  corjwi'ation. 

Sec.  II.  The  i)ermanent  educational  fluids,  other  than  fund^ 
ai-ising  from  the  disposition  of  university  lands  Ix'longing  to  the 
.State,  shall  be  loaned  on  first  mortgage  on  improved  farm  landie 
within  the  State,  or  on  State  or  United  States  lK)ntfs.  under  such 
regulations  as  the  Legislature  may  provide:  Provided,  That 
no  loan  shall  Ixj  made  of  any  amount  of  mimey  exceeding  one- 
third  of  the  market  value  of  the  lands  nt  tlic  time  of  the  loan, 
exclusive  of  buildings. 


ARTICLE  X. 

PUHLIC    I.V.STITUTIONS. 

Section  I.  P'ducational,  reformatory,  and  jxinal  institu- 
tions, and  those  for  the  benefit  of  the  insane,  blind,  deaf  and 
dumb,  and  such  other  institutions  as  the  public  good  may 
require,  shall  be  established  and  supiwrted  by  the  State  in  such 
manner  as  may  Ix'  i)res<*rilx'd  by  law. 


Sec.  2  The  seat  of  government  of  the  State  of  Idaho  shall  be 
located  at  Boise  City  for  twenty  years  from  the  admission  of  the 
State,  after  which  time  the  Legislature  may  provide  for  its 
re-location,  by  submitting  the  question  to  a  vote  of  the  electors 
of  the  State  at  some  general  election. 

Sec.  3.  The  Legislature  may  submit  the  question  of  the 
location  of  the  seat  of  government  to  the  qualfied  voters  of  the 
State  at  the  general  election,  then  next  ensuing,  and  a  majority 
of  all  the  votes  upon  said  question  cast  at  said  election  shall  l^e 
necessary  to  determine  the  location  thereof.  Said  Legislature 
shall  also  provide  that  in  case  there  shall  be  no  choice  of  loca- 
tion at  said  election  the  question  of  choice  between  the  two 
places  for  which  the  highest  number  of  votes  shall  have  been  cast 
shall  be  submitted  in  like  manner  to  the  qualified  electors  of 
the  State  at  the  next  general  election. 

Sec.  4.  All  property  and  institutions  of  the  Territory,  shall, 
upon  adoption  of  the  Constitution,  become  the  property  and 
institutions  of  the  State  of  Idaho. 

Sec.  5.  The  Governor,  Secretary  of  State,  and  Attorney- 
General  shall  constitute  a  board,  to  be  known  as  the  State 
prison  commissioners,  and  shall  have  the  control,  direction  and 
management  of  the  penitentiaries  of  the  State.  The  Governor 
shall  be  chairman,  and  the  board  shall  appoint  a  warden,  who 
may  be  removed  at  pleasure.  The  warden  shall  have  the  power 
to  appoint  his  subordinates,  subject  to  the  ai)proval  of  the 
said  board. 

Sec.  6.  There  shall  be  appointed  by  the  Governor  three 
directors  of^the  asylum  for  the  insane,  who  shall  be  confirmed 
by  the  senate.  They  shall  have  the  control,  direction,  and 
management  of  the  said  asylums,  under  such  regulations  as  the 
Legislature  shall  provide,  and  hold  their  offices  for  a  period  of 
two  years.  The  directors  shall  have  the  appointment  of  the 
medical  superintendent,  who  shall  appoint  the  assistants  with 
the  approval  of  the  directors. 

Sec.  7.  The  Legislature  for  sanitary  reasons  may  cause  the 
removal  to  more  suitable  localities  of  any  of  the  institutions 
mentioned  in  section  one  of  this  article. 


AETIOLE  XI. 

CORPORATIONS,  PUBLIC  AND  PRIVATE. 

Section  1.     All  existing  charters  or  grants  of  special  or  ex- 


«liusive  privilctres,  under  whicli  the  coipoi-utoi  >  or  iri«auteos 
shall  not  have  orifanized  oi*  eomineneed  business  in  j^ood  faith 
at  the  time  of  the«tloi)tion  of  this  Constitution,  shall  there- 
after have  no  validity. 

Sec.  2.  No  charter  of  ineorjMM'ation  shall  Ix."  y:i-anted. 
extended,  ehanjred  or  amended  by  sjKnrial  law.  excej)t  for  such 
numiei))al.  charitable,  educational,  penal,  oi*  reformatory  cor- 
IK)rations  as  are  or  may  l)e.  under  the  control  of  the  State : 
but  the  Lojfislature  shall  provide  by  general  law  for.  the  oi-g-ani- 
/ation  of  eor}K)rations  hereafter  to  be  created  :  PROVIDED. 
That  any  such  jifeneral  law  shall  U»  subject  to  future  repeal  or 
alteration  by  the  Lej^i^^lnture.       "  • 

Sec.  .'1.  The  I>^i>islature  may  provide  by  law  for  alt^rin^r. 
revokinjj'.  or  annulling  any  <'harter  of  incorporation  exi.stin;^'  and 
revocable  at  the  time  of  the  adoption  of  this  Constitution,  in 
such  manner,  however,  that  no  injustice  shall  bti  done  to  the 
corjM^rators. 

Sec.  4.  The  Lejrislature  shall  provide  by  law  that  in  all  elec- 
tions for  directors  or  manaj^fers  of  incorporated  companies,  every 
stockholder  shall  have  the  rijj-ht  to  vote  in  i)ei-son  or  by  })roxy. 
for  the  numl)er  of  shares  of  stock  owned  by  him.  for  as  many 
l^ersons  as  there  are  directors  or  manajfers  to  be  ele(*ted.  or  to 
cumulate  said  shaies.  and  jfive  one  candidate  as  many  votes  as 
the  nulnber  of  directors  multiplied  by  the  numlx3r of  his  shares 
of  stock,  shall  equal,  or  to  distribute,  them  on  the  same  principle 
amonjj:  as  many  candidates  as  he  shall  think  tit,  and  such  direct- 
ors shall  not  Ijhj  elected  in  any  other  manner. 

Sec.  5.  All  railroads  shall  l)e  public  hiyfhways.  and  all  rail- 
road. transj)ortation.  and  expiess  companies  shall  Ik*  (-(^mmon 
cari-iers.  and  subject  to  letfislative  control,  and  the  l^j^'-islatui**) 
shall  have  power  to  rej^ulate  and  ccmtrol  by  law.  the  raterf  of 
<*hai"tces  for  the  trans])orUition  of  pa-s-senj^-ers  and  frtuj>-ht  by  such 
companies  or  other  comm(m  carriers  from  on^^  })oint  to  another 
in  the  State.  Any  as.s(K"iation  or  (;orpoi-ation  oryfanized  for,  the 
purjwse.  shall  have  the  rijfht  to  construct  and  o|)erate  a  railroad 
between  any  designated  points  within  this  State,  and  to  connect 
within  or  at  the  State  line  with  railroads  of  other  States  and 
Territories.  Kvery  railroad  com])any  shall  have  the  rijjfht 
with  its  road,  to  interse(rt.<'onnect  with,  or  ci-oss  any  other 
railroad,  under  such  retfulations  as  may  Ik*  pres<;ril>ed  by  law, 
and  uiH)n  makiny  due  comi>ensation. 

Sec.  H.  All  individuals,  associations,  and  coriK)rati(m.s.  sim- 
ilarly situated  shall  have  c(|iuil  i-ij/hts  1<»  have  p«'isoiis  oi-   i.ini.- 


34 

erty  transported  on  and  over  any  railroad,  transportation,  or 
express  route  in  this  State,  except  that  preference  may  be 
given  to  perishable  property.  No  undue  or  unreasonable  dis- 
crimination shall  he  made  in  charges  or  facilities  for  transpor- 
tation of  freight  or  passengers  of  the  same  class,  by  any  railroad, 
or  transportation,  or  express  company,  between  persons  or  places 
within  the  State  :  but  excursion  or  commutation  tickets  may  be 
issued  and  sold  at  special  rates,  provided  such  rates  are  the  same 
to  all  persons.  No  railroad,  or  transportation,  or  express  com- 
pany shall  be  allowed  to  charge,  collect  or  receive,  under 
penalties  which  the  Legislature  shall  prescribe,  any  greater 
charge  or  toll  for  the,  transpoft-ation  of  freight  or  passengers,  to- 
any  place  or  station  upon  its  route  or  line,  than  it  charges  for 
the  transportation  of  the  same  class  of  freight  or  passengers, 
to  any  more  distant  place  or  station  upon  its  route  or  line 
within  this  State.  No  railroad,  express,  or  transportation 
company,  nor  any  lessee,  manager,  or  other  employee  thereof^ 
shall  give  any  preference  to  any  individual,  association,  or 
corporation,  in  furnishing  cars  or  motive  power  or  for  the 
I'ansportation  of  money  or  other  express  matter. 

Sec.  7.  No  corporation  other  than  municipal  corporations  in 
existence  at  the  time  of  the  adoption  of  this  Constitution,  shall 
have  the  benefit  of  any  future  legislation,  without  first  filing  in 
the  office  of  the  Secretary  of  State  an  acceptance  of  the' provis- 
ions of  this  Constitution  in  binding  form. 

Sec.  8.  The  right  of  eminent  domain  shall  nevjer  be  abridged, 
or  so  construed  as  to  prevent  the  Legislature  from  taking  the 
property  and  fi-anchise  of  incorporated  companies,  and  subject- 
ing them  to  public  use,  the  same  as  property  of  individuals ; 
and  the  police  powers  of  the  State  shall  never  be  abridged  or  so 
construed  as  to  permit  corporations  to  conduct  their  business 
in  such  manner  as  to  infringe  the  equal  rights  of  individuals,  or 
the  general  well-Veing  of  the  State. 

Sec.  9.  No  corporation  shall  issue  stocks  oi-  bonds,  except  for 
labor  done,  services  performed,  or  mon«y  or  property  actually 
received;  and  all  fictitous  increase  of  stock  or  indebtedness  shall 
be  void.  The  stock  of  corporations  shall  not  be  increased  ex- 
cept in  pursuance  of  general  law,  nor  without  the  consent  of  the 
persons,  holding  a  majority  of  the  stock,  first  obtained  at  a 
meeting,  held  after  at  least  thirty  days'  notice  given  in  pursu- 
ance of  law\ 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in  this 
State  without  having  one  or  more  known   places  of  business, 


and,  an  authorized  agent  or  agents  in  the  same.  ujx)n  whom 
proce88  may  be  served,  and  no  oomj)any  or  coi'porution  formed 
under  the  laws  of  any  other  country,  State,  or  Territory,  shall 
have  or  be  allowed  to  exercise  or  enjoy,  within  this  State  any 
greater  rights  oi*  privileges  than  those  ixwsessed  or  enjoyed  by 
eor])orations  of  the  same  or  similai*  chara^'ter  created  under  the 
laws  of  this  State. 

Sec.  11.  No  street,  or  other  railroad,  shall  be  constructed 
within  any  city.  town,  or  incor]>orated  village  without  the  con- 
sent of  the  local  authorities  having  the  control  of  the  street  or 
highway  proj)08ed  to  be  occupied  by  such  street  or  other  rail- 
road. ♦ 

Sec.  12.  The  Legislature  shall  pass  no  law  for  the  benefit  of 
a  railroad,  or  other  corporation,  or  any  individual  or  associ- 
ation of  individuals  retroactive  in  its  operation,  or 
which  imposes  on  the  people  of  any  county  or  municipal  sub- 
division of  the  State,  a  new  liability  in  respect  to  transactions 
or  considerations  already  jiast. 

Sec.  13.  Any  association  or  corjmration.  or  the  lessees  or 
managers  thereof,  organized  for  the  piu-pose.  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  tA?legraph 
or  telephone  within  this  State,  and  connect  the  same  with  other 
lines :  and  the  Legislature  shall  by  general  law  of  uniform 
o])eratioif  provide  reasonable  regulations  to  give  full  effect  to 
this  section. 

Sec.  14.  If  any  railroad,  telegraph.  ex))ress.  oi-  other  cor- 
])oration,  organized  under  any  of  the  laws  of  this  State  shall 
consolidate  by  sale  or  otherwise  with  any  I'uilroatl.  telegraph, 
express,  or  other  corporation  organized  under  any  of  the-' laws 
of  any  other  State  or  Territory,  or  of  the  United  States,  the 
same  shall  not  thereby  become  a  foreign  corj)()ration,  but  the 
courts  of  this  State  shall  retain  jurisdiction  over  that  part  c^f 
the  corporate  property  within  the  limits  of  the  State  in  all 
matters  that  may  arise,  as  if  said  consolidation  liad  not  taken 
place. 

Sec.  15.  The  Legislature  shall  not  pass  any  law  i)ermitting 
the  leasing  or  alienation  of  any  franchise  so  as  to  release  or 
relieve  the  franchise  or  proi)erty  held  thereunder  from  any  of 
the  liabilities  of  the  lessor  or  grantor,  or  lessee  or  grantee, 
c(mtracted  or  incurred  in  the  oiwration,  us^,  or  enjoyment  of 
such  franchise,  or  any  of  its  privileges. 

Sec.  1H.  The  term  "corjxjration''  as  used  in  this  article,  shall 
)w.  h..l<l  HTi.l  ../uwt.Mw..)  to  in,.i.,,i..  u]\  ^'--'wjations  and  joint  stiM'k 


•       3() 

companies  having-  or  exercising-  any  of  the  powers  or  privileges 
of  corporations  not  possessed  by  individuals  or  partnerships. 

Sec.  n.  Dues  from  private  corporations  shall  be  secuVed  by 
such  means  as  may  be  prescribed  by  law.  but  in  no  case  shall 
any  stockholder  be  individually  liable  in  any  amount  over  or 
above  the  amount  of  stock  owned  by  him. 

Sec.  18.  That  no  incorporated  company,  or  any  associa- 
tion of  persons  or  stock  company,  in  the  State  of  Idaho, 
shall  directly  or  indirectly  combine  or  make  any  contract 
with  any  other  incorporated  company,  foreig-n  or  domestic, 
throug-h  their  stockholders  or  the  trustees  or  assig-nees  of  such 
stockholders,  or  in  any  manner  whatsoever,  for  the  purpose  of 
fixing-  the  price  or  regulating-  the  production  of  any  article  of 
commerce  or  of  produce  of  the  soil,  or  of  consumption  by  the 
people;  and  that  the  Legislature  be  required  to  pass  laws  for 
the  enforcement  thereof,  by  adequate  penalties,  to  the  extent, 
if  necessary  for  that  pui'pose.  of  the  forfeiture  of  their  property 
and  franchise. 


AETIOLE  XII. 

CORPORATIONS— MUNICIPAL. 

Section  J.  The  Legislature  shall  provide  by  g-ei:l'^ral  laws 
for  the  incorporation,  organization,  and  classification  of  the 
cities  and  towns,  in  proportion  to  the  population,  which  laws 
may  be  altered,  amended,  oi»  repealed  by  the  g-eneral  laws. 
Cities  and  towns  heretofore  incorporated,  may  become  org-anized 
under  such  g-eneral  laws,  whenever  a  majority  of  the  electors  at 
a  g-eneral  election,  shall  so  determine,  under  such  provision 
therefor  as  may  be  made  by  the  Leg-islature. 

Sec.  2.  Any  county  or  incorporated  city  or  town  may  make 
and  enforce,  within  its  limits,  all  such  local,  police,  sanitary,  and 
other  regulations  as  are  not  in  conflict  with  its  charter  or  with 
the  general  laws. 

Sec.  3.  The  State  shall  never  assume  the  debts  of  any  county, 
town,  or  other  municipal  corporation,  unles  such  debts  shall 
have  been  created  to  repel  invasion,  suppress  insurrection  or 
defend  the  State  in  war. 

Sec.  4.  No  coi^nty,  town,  city,  or  other  municipal  corpor- 
ation, by  vote  of  its  citizens  or  otherwise,  shall  ev^r  become  a 
stockholder  in  any  joint  stock  company,  corporation  or  associ- 
ation whatever,  or  raise  money  for.  or  make  donation  or  loan  its 


credil  to,  or  in  aid  of.  any  t^uch  company  or  association:  PRO- 
VIDED, That  cities  and  towns  may  contract  indebtcdneaa  for 
school,  water,  sanitary,  and  illuminating?  purposes :  Provided, 
That  Any  city  or  town  contracting?  such  indebtedness  shall  own 
its  just  proportion  of  the  property  thus  created,  and  receive 
from  any  income  arising?  therefrom,  its  i)roportion  to  the  whole 
amount  so  invested. 


ARTICLE  XIII. 

IMMIGRATION   AND   LAUOH. 

Section  1.  There  shall  be  established  a  ])vu"eau  of  immi- 
tjration.  labor  and  statistics,  which  shall  l)e  under  the  charge 
of  a  connnissioner  of  immiijration,  lalx)r  and  statistics, -who 
shall  be  appointed  by  the  Governor,  by  and  with  the  consent  of 
the  >»enate.  The  commissioner  shall  hold  his  office  for  two 
years,  and  until  his  successor  shall  have  been  ai)])ointed  and 
qualified,  unless  sooner  removed.  The  commissioner  shall  col- 
lect information  upon  the  subject  of  labor,  it«  relation  to  capital, 
the  hours  of  labor  and  the  earnings  of  laboring  men  and  women, 
and  the  means  of  promoting  their  material,  social,  intellectual 
and  moral  prosperity.  The  commissioner  shall  annually  make 
a  report  in  writing  to  the  Governor  of  the  State  of  the  infor- 
mation collected  and  collated  by  him,  and  containing  such 
recommendations  as  he  may  deem  calculated  to  jiromote  the 
efficiency  of  the  bureau. 

Sec.  2.  Not  more  than  eight  (S)  hours'  a<.*tual  work  shall  con- 
stitute a  lawful  day's  work  on  all  State  and  municipal  works. 

Sec.  3.  All  labor  of  convicts  confined  in  the  State's  prison 
shall  be  done  within  the  prison  grounds,  except  whei'e  the  work 
is  done  on  i)ublic  works  undei-  the  direct  control  of  the  State. 

Sec.  4.  The  employment  of  childi'en  under  the  age  of  four- 
teen (14)  years  in  undi;rground  mines  is  iM-ohibited, 

Sec.  5.  No  j)crson.  not  a  citizen  of  the  United  States,  or  who 
has  not  declared  his  intention  to  Ixu-ome  such,  shall  l)e  em- 
ployed   lUioii.  ((I-    ill    (•((iiiicct  ioii    witli,  :m\     St;il«'    or    lumi  iciiinl 

works. 

SEC.      ^1.  i     I  M-      I  ^>  -^   l.->UH  HI    <  -     .-»  I  l«ll  1     J  II   1  »  \    nil-        I  >_\         I  II    I  '  j  H  •(       II  -^^   l>lil  I  11  111 

for  giving  to  mechanics.  lalx)rers.  and  material  men   an  ade- 
quate lien  on  the  subjo«t-matter  of  their  lalK)r.» 

Sec.  T.  The  Legislature  may  establish  lx>ards  of  arbitration, 
whost^?  duty  it  shall  be  to  hear  and  determine  all  differences  and 


38 

controversies  between  laborers  and  their  employers  which  may 
be  submitted  to  them  in  writing  by  all  the  parties.  Such 
boards  of  arbitration  shall  possess  all  the  powers  and  authority, 
in  respect  to  administering-  oaths,  subpoenaing-  witnesse?>,  and 
compelling-  their  attendance,  preserving-  order  during  the  sit- 
ting's of  the  board,  punishing-  for  contempt,  and  requiring-  the 
production  of  papers  and  writing-s,  and  all  other  powers  and 
privileges,  in  their  nature  applicable,  conferred  by  law  on 
justices  of  the  peace. 

Sec.  8.  The  commissioner  of  immigration,  labor  and  statis- 
tics shall  perform  such  duties  and  receive  such  compensation 
as  may  be  prescribed  by  law. 

,  AETIOLE  XIV. 

MILITIA. 

Section  1.  All  able-bodied  male  persons,  residents  of  this 
State,  between  the  ages  of  eighteen  and  forty-five  years,  shall 
be  enrolled  in  the  militia,  and  perform  such  military  duty  as 
may  be  required  by  law ;  but  no  person  having  conscientious 
scruples  against  bearing  arms,  shall  be  compelled  to  perform 
such  duty  in  time  of  peace.  Every  person  claiming  such  ex- 
emption from  service,  shall,  in  lieu  thereof,  pay  into  the  school 
fund  of  the  county  of  which  he  may  be  a  resident,  an  equiva- 
lent in  money,  the  amount  and  manner  of  payment  to  be  fixed 
by  law. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  the  enroll- 
ment, equipment  and  discipline  of  the  militia,  to  conform  as 
nearly  as  practicable  to  the  regulations  for  the  government  of 
the  armies  of  the  United  States,  and  pass  such  laws  to  promote 
volunteer  organizations  as  may  afford  them  effectual  encourage- 
ment. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the 
Governor,  the  manner  of  their  selection  to  be  provided  by  law. 
and  may  hold  their  commissions  for  such  period  of  time  as  the 
Legislature  may  provide. 

Sec.  4.  All  military  records,  banners,  and  relics  of  the 
State,  except  when  in  lawful  use,  shall  be  j^reserved  in  the 
office  of  the  adjutant-general  as  an  enduring  memorial  of  the 
patriotism  and  valor  of  the  soldiers  of  Idaho;  and  it  shall  be  the 
duty  of  the  Legislature  to  provide  by  law  for  the  safe-keeping 
of  the  same. 


Sec.  5.  All  military  orj^ani/ations  uiulor  the  lawa  of  thi> 
State  shall  carry  no  other  device,  bannci,  or  tlay:  ihuii  that  of 
the  United  States  or  the  State  of  Idaho. 

Sec.  ft.  No  armed  police  force,  or  detective  agency,  or  armed 
>)ody  of  men,  shall  ever  be  broujrht  into  this  State  for  the  sii])- 
j)ression  of  domestic  violence,  except  ui>on  the  application  «if 
the  Lej^islature,  or  the  executive  when  the  Ivejrislature  cannot 
bo  convened. 

ARTICLE  XV. 

WATER  RIGHTS. 

Section  l.  The  use  of  all  waters  now  ui)pi()piiiiU'(i.  or  Uiai 
may  hereafter  l)e  ai)propriated  for  sale,  rental,  ov  distribution: 
also  of  all  water  originally  appr()})i-iated  for  private  use,  but 
which  after  such  a])propriation  has  heretofore  been,  or  may 
hereafter  be  sold,  rented,  or  distrilnited,  is  hereby  declared  to 
be  a  i)ublic  use,  and  subject  to  the  regulation  and  control  of  the 
State  in  the  manner  prescribed  by  law. 

Sec.  2.  The  right  to  collect  rates  or  compensation  for  the 
use  of  water  supplied  to  any  county,  city,  or  town,  or  water  dis- 
trict, or  the  inhabitants  thereof,  is  a  franchise,  and  can  not  be 
exercised  excei)t  by  authority  of  and  in  the  mannei-  presci*i1)ed 
by  law. 

Sec.  .'{.  The  right  to  divert  and  appropriate  the  unappro- 
priated waters  of  any  natural  stream  to  Ixineiicial  uses,  shall 
never  be  denied.  Priority  of  appropriation  shall  give  the 
better  right  as  between  those  using  the  water;  but  when  the 
waters  of  any  natural  stream  are  not  suflHciijnt  for  the  service  of 
till  those  desiring  the  use  of  the  same,  those  using  the  water  for 
domestic  j)ur]K)ses  shall  (subject  to  such  limitations  as  may  be 
presci'ibed  by  law)  have  the  i)reference  over  those  claiming  for 
any  other  ])uri)ose :  and  those  using  the  wati'r  for  agricultural 
purposes  sliall  have  i)reference  over  those  using  the  same  for 
manufacturing  j)ur])Oses.  And  in  any  organized  mining  dis- 
trict, those  usfing  the  water,  for  mining  4)urposes,  or  milling 
pui*po8e8  connected  wiHi  mirting,  shall  have  preference  over 
those  using  the  same  for  manufacturing  or  agricultural  pur- 
iwses.  But  the  usage  by  such  sulwequent  api)i*opriators  shall 
l)e  subject  to  such  pi-ovisions  of  law  regulating  the  taking  of 
private  projwrty  for  i)u))lic  and  private  use.  as  referred  to  in 
section  fourteen  of  article  I.  of  this  C'onstitution. 


40 

Sec.  4.  Whenevei'  any  waters  have  been,  or  shall  be,  appro- 
priated or  used  for  agricultural  purposes,  under  a  sale,  rental^ 
or  distribution  thereof,  such  sale,  rental,  or  distribution  shall 
be  deemed  an  exclusive  d^edication  to  such  use ;  and  whenever 
such  waters  so  dedicated  shall  have  once  been  sold,  rented,  or 
distributed  to  any  person  w^ho  has  settled  upon  or  improved 
land  for  agricultural  purposes  with  the  view  of  receiving  the 
benefit  of  such  water  under  such  dedication,  such  person,  his 
heirs,  executor's,  administratoi's,  successors,  or  assigns,  shall 
not  thei-eafter,  without  his  consent,  be  depi'ived  of  the  annual 
use  "of  the  same,  when  needed  for  domestic  purposes,  or  to  irri- 
gate the  land  so  settled  tipon  or  improved,  upon  payment  there- 
for, and  compliance  with  such  equitable  terms  and  conditions  as 
to  the  quantity  used  and  times  of  use,  as  may  be  prescribed 
by  law. 

Sec.  5.  Whenever  more  than  one  person  has  settled  upon, 
oi"  improved  land  with  the  view  of  receiving  water  for  agricul- 
tural purposes,  under  a  sale,  rental  or  disti'ibution  thereof,  as  in 
the  last  preceding  section  of  this  article,  provided,  as  among 
such  persons  priority  in  time  shall  give  superiority  of  right  to 
the  use  of  such  water  in  the  numerical  order  of  such  settle- 
ments or  improvements  :  but  whenever  the  supply  of  such  water 
shall  not  be  sufficient  to  meet  the  demands  of  all  those  desiring 
to  use  the  same,  such  priority  of  right  shall  be  subject  to  such 
reasonable  limitations  as  to  the  quantity  of  water  ueed  and 
times  of  use  as  the  Legislature,  having  due  regard,  both  to  such 
priority  of  right  and  the  necessities  of  those  subsequent  in  time 
of  settlement  oi'  improvement,  may  by  law  pi-escribe. 

Sec.  6.  The  Legislature  shall  provide  by  law  the  manner  in 
which  reasonable  maximum  i*ates  may  be  established  to  be 
charged  for  the  use  of  water  sold,  rented  or  distributed  for  any 
useful  or  beneficial  purpose. 

ARTICLE  XVI. 

LIVE-STQCK. 

Section  1.  The*Legislature  ishall  pass  all  necessary  laws  tO' 
provide  for  the  protection  of  livestock  against  the  introduction 
or  spread  of  pleuro-pneumonia,  glanders,  splenetic  or  Texas 
fever,  and  other  infectious  or  contagious  diseases.  The  Legis- 
lature may  also  establish  a  system  of  quarantine  or  inspection, 
and  such  other  regulations  as  may  be  necessary  for  the  pro- 


41 

tection  of  st<)ck-o\vnei*8  and  most  conducive  to  the  sttxrk  inter 
est*  within  this  State. 


ARTICLE  XVII. 

STATE   BOUNDARIES. 

Section  1.  The  name  of  this  State  is  Idaho,  and  its  boun- 
daries are  as  follows:  Beg"inning  at  a  point  in  the  middle 
cliannel  of  the  Snake  river  where  the  northern  lK)undary  of 
Orejron  intersects  the  same;  then  follow  down  the  channel  of 
Snake  river  to  a  ])oint  o})i)osite  the  mouth  of  the  Kooskcxwkia 
or  Clearwater  river:  thence  due  north  to  the  forty-ninth  jwiral- 
lel  of  latitude:  \honce  east  alon;^  that  parallel  to  the  thirty- 
ninth  degree  of  lonj^itude  west  of  Washing-ton:  thencte  south 
along  that  degree  of  longitude  to  the  crest  of  the  Bitter  Koot 
Mountains:  thence  southward  along  the  crest  of  the  Bitter  Root 
Mountains  till  its  intersection  with  the  Rotky  Mountains: 
thence  southward  along  the  crest  of  the  Rocky  Mountains  to  the 
thirty-fourth  degree  of  longitude  west  of  Washington:  thence 
south  along  that  degree  of  longitude  to  the  forty-second  degree 
of  north  latitude:  thence  w^st  along  that  parallel  to  the  eastern 
lx>|jndary  of  the  State  of  Oregon:  thence  north  along  that 
boundary  to  the  i)lace  of  beginning, 

ARTICLE  XVIII. 

COUNTY   OKGANIZATION. 

Section  l.  The  several  counties  of  the  Territory  of  Idaho 
Its  they  now  exist,  are  hereby  recognized  as  legal  SuMi visions 
of  this  Stat-t\ 

Sec.  2.  No  county  seat  shall  be  removed  unless  ujMjn  jieti- 
tion  of  a  majority  of  the  qualified  electoi-s  of  the  county,  and 
unless  two-thirds  of  the  qualified  electors  of  the  county,  voting 
on  the  pro})osition  at  a  general  election,  shall  vote  in  favor  of 
such  I'emoval.  A  proi>osition  of  removal  of  the  comity  seat 
shall  not  1k»  submitted  in  tlie  same  county  more  than  <mce  in 
six  years.  exce])t  as  provided  by  existing  laws.  No  pei-son  shall 
vote  at  any  county  seat  election  who  has  not  i*esided  in  ili»' 
county  six  months,  and  in  the  precinct  ninety  days. 

Sec.  3.  No  county  shall  l)e  divided  unless  a  majority  of  the 
(lualif""'  .'"...•'.'...  .>r  tj.,.  1..,.,.;,..,.,    ...., >,.-....,!    t..  i ,t  .^tr    ^-..u.^.r 


42 

»ii  the  proposition  at  a  general  election.  sTiall  vote  in  favor  of 
such  division:  Provided.  That  this  section  shall  not  apply  to 
'the  creation  of  new  counties.  No  person  shall  vote  at  such 
election  who  has  not  been  ninety  days  a  resident  of  the  territory 
proposed  to  be  annexed.  When  any  part  of  a  county  is  stricken 
©ff  and  attached  to  another  county,  the  part  stricken  oflf  shall  be 
held  to  pay  its  ratable  proportion  of  all  then  existing  liabilities 
of  the  c^ounty  from  whiqh  it  is  taken. 

Sec.  4.  No  new  county  shall  be  established  which  shall 
reduce  any  pounty  to  -an  area  of  less  than  four  hundred  square 
miles,  nor  shall  a  new  county  be  formed  containing  an  ai-ea  of 
less  than  four  hundred  square  miles. 

Sec.  5.  The  Legislature  shall  establish,  subject  to  the  pro- 
visions of  this  article,  a  system  of  county  governments  which 
shall  be  uniform  throughout  the  State;  and  by  general  laws 
shall  provide  for  township  or  precinct  organization. 

Sec.  6.  The  Legislature,  by  general  and  uniform  laws,  shall 
provide  for  the  election  biennially  in  each  of  the  several  coun- 
ties of  the  State,  of  eounty  commissioners,  a  sheriff,  county 
treasurer,  who  is  ex-oflfieio  public  administrator:  probate  judge, 
who  is  ex-officio  county  superintendent  of  public  instruction: 
eounty  assessor,  who  is  ex-officio  tax  collector;  a  coroner  and 
a  surveyor.  The  clerk  of  the  district  court  shall  be  ex-ofi^io 
auditor  and  recordei-.  No  other  county  offices  shall  be  estab- 
lished, but  the  Legislature  by  general  and  uniform  laws  shall  pro- 
vide few  the  election  of  such  township,  precinct  and  municipal  offi- 
cers as  public  convenience  may  require,  and  shall  prescribe  their 
duties,  and  fix  their  terms  of  office.  The  Legislature  shall  pro- 
vide for  the  strict  accountability  of  county,  township,  precinct, 
and  municipal  officers  for  all  fees  which  may  be  collected  by 
Shem,  and  for  all  public  and  municipal  moneys  which  may  be 
paid  to  them,  or  officially  come  into  their  possession.  The 
eounty  commissioners  may  employ  counsel  when  necessary. 
The  sherift',  auditor  and  recorder  and  clerk  of  the  district 
eourt  shall  be  empowered  by  the  county  commissioners  to 
appoint  such  deputies  and  clerical  assistance  as  the  business  of 
their  offices  may  require:  said  deputies  and  clerical  assistance 
to  receive  such  compensation  as  may  be  fixed  by  the  county 
eommissioners.  No  sheriff  or  county  assessor  shall  be  qualified 
to  hold  the  term  of  office  immediately  succeeding  the  term  for 
which  he  was  elected. 

Sec.  7.  The  officers  provided  by  section  six  (6)  of  this  article 
ahall  receive   annually  as  compensation  for  their  services  as 


4a 

follow«:  SlieritY.  nut  more  than  four  Uif>ii-'<i*"d  ilolhirs  and  not 
less  than  one  thousand  dollai's.  toji^ether  with  such  mileage  as 
may  Ix*  prescrDx'd  by  law:  clerk  of  the  disti-iet  court,  who  is 
ex-ofticio  auditor  and  recorder,  not  more  than  threes  thousand 
dollars,  and  not  less  than  live  hundred  dollars:  probate  judj^e. 
who  is  ex-officio  county  sujxjrintendent  of  public  instruction, 
not  more  than  two  thousand  dollars  and  not  less  than  five 
hundred  dollars;  county  assessor,  who  is  ex-otticio  tax  collector, 
not  more  than  three  thousand  dollars  and  not  less  than  five 
hundred  dollars:  county  treasurer,  who  is  ex-otticio  jSublic; 
administrator,  not  more  than  one  thousand  dollars,  and  not  less 
than  three  hundred  dollars:  coroner,  not  more  than  five  hun- 
dred dollars:  county  surveyor,  not  more  than  one  thousand 
dollars:  county  commissioners,  such  per  diem  and  mileaf^fe  as 
may  be  prescribed  by  law;  and  justices  of  the  peace  and  con- 
stables such  fees  as  may  be  i)rescribed  by  law. 

Sec.  8.  The  compensation  provided  in  section  seven  (7 )  for  the 
officers  therein  mentioned  shall  be  paid  by  fees  or  commissions, 
or  lx)th,  as  prescriljed  by  law.  All  fees  and  commissions 
received  by  such  officers  in  excess  of  the  maximum  compensa- 
tion pev  annum  provided  for  each  in  section  seven  (7 )  of  this  article 
shall  be  paid  to  the  county  treasurer  for  the  use  and  benefit  of 
the  county.  In  case  the  fees  received  in  any  one  year  by  any  one 
such  oflflcei's  shall  not  amount  to  the  minimiun  com]>ensation 
per  annum  therein  })rovided,  he  shall  be  paid  by  the  county  a 
sum  sufficient  to  make  his  ag"j^re«fate  annual  compensation  equal 
to  such  minimum  com]x?nsation. 

Sec.  9.  The  nej»-lect  or  i*efusal  of  any  officer  named  in  this 
article  to  account  for  and  pay  into  the  covmty  treasury  any 
money  received  as  fees  or  comjKjnsation  in  excess  of  the  maxi- 
mum amount  allowed  to  such  officer  by  the  provisions  of 
this  article,  within  forty  days  after  the  receipt  of  the  same,  shall 
be  a  felony,  and  the  gfrade  of  the  crime  shall  be  the  embezzle- 
ment of  public  moneys,  and  be;  punishable  as  provided  foi-  such 
offense. 

Sec.  10.  The  ]xmvd  of  county  commissionei-s  shall  consist  of 
three  members,  whose  term  of  office  shall  Ixj  two  years. 

Sec.  U.  County,  township  and  i)recinct  officers  shall 
|)erform  such  duties  a.s  shall'lK'  prescriln'd  by  law. 


44 
ARTICLE  XIX. 

APPORTIONMENT. 

Section  l.  Until  otherwise  provided  by  law  the  apportion- 
ment of  the  two  houses  of  the  Legislature  shall  be  as  follows: 

The  first  senatorial  districts  shall  consist  of  the  county  of 
Shoshone,  and  shall  elect  two  senators.        , 

The  second  shall  consist  of  the  counties  of  Kootenai  and 
Latah,  and  shall  elect  one  senator. 

The  third  shall  consist  of  the  counties  of  Nez  Perce  and 
Idaho,  and.  shall  elect  one  senator. 

The  foui'th  shall  consist  of  the  counties  of  Nez  Pei'ce  and 
Latah,  and  shall  elect  one  senator. 

The  fifth  shall  consist  of  the  county  of  Latah,  and  shall  elect 
one  senator. 

The  sixth  shall  consist  of  the  county  of  Boise,  and  shall  elect 
one  senator. 

The  seventh  shall  consist  of  the  county  of  Custer,  and  shall 
elect  one  senator.- 

The  eighth  shall  consist  of  the  county  of  Lemhi,  and  shall 
elect  one  senator. 

The  ninth  shall  consist  of  the  county  of  Log-an.  and  shall  elect 
one  senator. 

The  tenth  shall  consist  of  the  county  of  Bingham,  and  shall 
elect  one  senator. 

The  eleventh  shall  consist  of  the  counties  of  Bear  Lake, 
Oneida  and  Bingham,  and  shall  elect  one  senator. 

The  twelfth  shall  consist  of  the  counties  of  Owyhee  and 
Cassia,  and  shall  elect  one  senator. 

The  thirteenth  shall  consist  of  the  county  of  Elmoi'e.  and 
shall  elect  one  senator. 

The  fourteenth  shall  consist  of  the  county  of  Alturas.  and 
shall  elect  one  senator. 

The  fifteenth  shall  consist  of  the  county  of  Ada.  and  shall 
elect  two  senators. 

The  sixteenth  shall  consist  of  the  county  of  Washington,  and 
shall  elect  one  senator. 

Sec.  2.  The  several  counties  shall  elect  the  following  mem- 
bers of  the  house  of  representatives: 

The  county  of  Ada,  three  members. 

The  counties  of  Ada  and  Elmore,  one  member. 

The  county  of  Alturas.  two  members. 

The  county  of  Boise,  two  members. 


4.') 

.The  county  of  Bear  Lake,  oiu;  meniluM-. 

The  county  of  Binp^ham,  three  memlxTs. 

The  county  of  ( 'aHHia.  one  memter. 

The  county  of  Custer,  two  memterH. 

The  county  of  Khnoi-e,  one  niemljer. 

The  county  of  Idaho,  one  ineini)er. 

The  counties  of  Idalio  and  Ne/  Perce,  one  mem))er. 

The  county  of  K(M)tenai.  one  memlxM*. 

The  county  of  Latah,  two  inemlx>rs. 

The  counties  of  Kootenai  and  Latah,  one  nieml)er. 

The  county  of  Lo^an,  two  members. 

The  county  of  Lemhi,  two  members. 

The  county  of  Nez  Perce,  one  memlxir. 

The  county  of  Oneida,  one  member. 

The  county  of  Owyhee,  one  member. 

The  v'ounty  of  Shoshone,  foui*  memlx3rs. 

The  county  of  Washingfton.  two  memlxirs. 

The  counties  of  Bing-ham.  Lo^an  and  Alturas.  one  member. 

ARTICLE  XX. 

AMENDMENTS. 

Section  l.  Any  amendment  or  amendments  to  this  Con- 
stitution may  Ixi  pro])osed  in  either  branch  of  the  Legislature, 
and  if  the  same  shall  be  ajifreed  to  by  two-thirds  of  all  the  mem- 
bess  of  each  of  the  two  houses,  votino;-  sej)erately,  such  proposed 
amendment  or  amendments  shall,  with  the  yeas  and  nays 
thereon,  be  entered  on  their  journals,  and  it  shall  be  the  duty 
of  the  Legislature  to  submit  such  amendment  or  amendments 
to  the  electors  of  the  State  at  the  next  general  election,  and 
cause  the  same  to  be  published  without  delay  for  at  least  six 
consecutive  weeks,  prior  to  said  election,  in  not  less  than  one 
newspa])er  of  general  circulation  published  in  each  county:  and 
if  a  majority  of  the  electors  shall  ratify  the  same,  such  amend- 
ment or  amendments  shall  Ix'come  a  ])art  of  this  C'onstitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they  shall 
be  subniitted  in  such  manner  that  the  electors  shall  vote  for  or 
against  Bach  of  them  separately. 

Sec.  3.     Whenever  two-thirds  of   the     members  elected   to 

each  branch  of  the  I^gislatui-e  shall  deem  it  necessary  to  call  a 

convention  to   revise  or  amend    this  Constitution,    they   shall 

'  recommend  to  the  electoi-s  to  voUj  at  the  next  general  election 


46 

for  or  against  a  convention,  and  if  a  majority  of  all  the  electors 
voting-  at  said  election  shall  have  voted  for  a  convention,  the 
Legislature  shall  at  the  next  session  provide  by  law  for  calling 
the  same ;  and  such  convention  shall  consist  of  a  number  of 
members  not  less  than  double  the  number  of  the  most  numer- 
ous branch  of  the  Legislature. 

Sec.  4.  Any  Constitution  adopted  by  such  convention,  shall 
have  no  validity  until  it  has  been  submitted  to.  and  adopted  by,  the 
people. 

ARTICLE  XXI. 

SCHEDULE   AND  ORDINANCE. 

Section  1 .  That  no  inconvenience  may  arise  from  a  change 
of  the  Territorial  government  to  a  permanent  State  government, 
it  is  declared  that  all  writs,  actions,  prosecutions,  clp-ims, 
liabilities,  and  obligations  against  the  Territory  of  Idaho,  of 
whatsoever  nature,  and  rights  of  individuals,  and  of  bodies  cor- 
porate, shall  continue  as  if  no  change  had  taken  place  in  this 
government:  and  all  process  which  may.  before  the  organiza- 
tion of  the  judicial  department  under  this  Constitution,  be  issued 
under  the  authority  of  the  Territory  of  Idaho,  shall  be  as  valid 
as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of  Idaho 
which  are  not  repugnent  to  this  Constitution  shall  remain  in 
force  until  they  expire  by  their  own  limitation  or  be  altered  or 
repealed  by  the  Legislature. 

Sec.  3.  All  fines,  penalties,  forfeitures,  and  escheats  accru- 
ing to  the  Territory  of  Idaho  shall  accrue  to  the  use  of  the 
State. 

Sec.  4.  All  recognizances,  bonds,  obligations,  or  other  un- 
dertakings heretofore  taken,  or  which  may  be  taken  before  the 
organization  of  the  judicial  department  under  this  Constitution, 
shall  remain  valid,  and  shall  pass  over  to  and  may  be  prosecuted 
in  the  name  of  the  State  ;  and  all  bonds,  obligations,  or  other 
undertaking  executed  by  this  Territory,  or  to  any  other  officer 
in  his  official  capacity,  shall  pass  over  to  the  pro^r  State 
authority,  and  to  their  successors  in  office,  for  the  uses  therein 
respectively  expressed,  and  may  be  sued  for  and  recovered  ac- 
cordingly. All  criminal  prosecutions  and  penal  actions  which 
have  arisen,  or  which  may  arise  before  the  organization  of  the 
judicial  department  under  this  Constitution,   and   which   shall 


47 

then  bo  iH*ndin«^,  may  bo  prosooutoil  t4»  iiMl-'.in.  n'  :iml  .vii-iv. 
lion  in  the  nnino  of  the  Stnto. 

Sec.  5.  All  ortiocrs,  civil  and  milituix.  n.M\  in. mm-  imir 
ottioos  and  api><)intinent*i  in  this  Territory  under  'the  authority 
of  the  United  States,  or  under  the  authority  of  4«hi«  Territory, 
sliall  continue  t^)hold  and  exercise  their  res}x»ctive  oftices  and 
appointinontw  until  susi>ended  luider  this  Constitution. 

Skc.  H.  This  Constitution  sliall  be  submitted  for  adoption  or 
rejection,  to  a  vote  of  the  electors  qualilied  by  the  laws  of  thiii 
Tei'ritory  to  vote  at  all  elections  at  an  election  to  be  held  on 
the  Tuesday  next  after  the  first  Monday  in  November,  A. 
D.  1889.  Said  election  shall  be  conducted  in  all  respects  in  the 
same  manner  as  provided  by  the  laws  of  the  Territory  for  gen- 
eral election,  and  the  returns  thereof  shall  be  made  and  can- 
vassed in  the  same  manner  and  by  the  same  authority  as  \w(> 
vided  in  cases  of  such  general  elections,  and  abstracts  of  siich  re- 
turns duly  certified  shall  be  transmitted  to  the  board  of  canvassers 
now  provided  by  law  for  canvassing  the  returns  of  votes  for 
lX?legate  in  Congress.  The  said  canvassing  board  shall  can- 
vass the  votes  so  returned  and  certify  and  declare  the  result 
of  said  election  in  the  same  manner,  as  is  required  by  law  for 
the  election  of  said  Delegate. 

At  the  said  election  the  ballots  shall  Ix'  in  the  following 
form  :  For  the  ( "onstitution — yes  :  no. 

And  as  a  heading  to  each  of  said  ballots  shall  be  printed  on 
each  ballot,  the  following  instructions  to  voters  : 

All  persons  who  desire  t-o  vote  for  the  Constitution,  or  any  of 
the  articles  submitted  to  a  seperate  vote,  may  erase  the  word 
••no." 

All  persons  who  desire  to  vote  against  the  C'onstitutiou,  or 
against  any  article  submitted  separately,  may  erase  the  word 
•'yes.*' 

Any  pei'son  may  have  printed  or  written  on  his  ballot  only 
the  words,  ••For  the < 'onstitution" 'oi*  ••Against  the  Constitution,'^ 
and  such  ballots  shall  be  (,'ounted  for  or  against  the  ConstitutioK 
accordingly. 

Sec.  7.  This  Constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  the  Territory  as  a 
State. 

Sec.  8.  Immediately-  upon  the  admission  of  the  Territory  as 
H  State,  the  Governor  of  the  Territory,  or  in  case  of  his  absence 
or  failure  to  act,  the  secretary  of  the  Territory,  or  in  case  of  hi« 
absence  or  failure  to  act.  the  president  of  this  convention,  shall  is- 


48 

sue  a  proclamation,  which  shall  be  published,  and  a  copy  thereof 
mailed  to  the  chairman  of  the  board  county  commissioners  of 
each  county,  calling-  an  election  by  the  people  of  all  State,  dis- 
trict, county,  township,  and  other  officers,  created  and  made 
elective  by  this  Constitution,  and  fixing-  a  day  for  such  election, 
which  shall  not  be  less  than  forty  days  after  the  date  of  such 
proclamation,  nor  more  than  ninety  days  after  the  admission 
of  the  Territory  as  a  State. 

Sec.  9.  The  board  of  commissioners  of  the  several  counties 
shall  thereupon  order  such  election  for  said  day,  and  shall  cause 
notice  thereof  to  be  given,  in  the  manner  and  for  the  leng-th  of 
time  provided  by  the  laws  of  the  Territory  in  cases  of  g-eneral 
elections  for  Delegate  to  Cong-ress  and  county  and  other  officers. 
Every  qualified  elector  of  the  Territory,  at  the  date  of  said 
election,  shall  be  entitled  to  vote  thereat.  Said  election  shall 
be  conducted  in  all  respects  in  the  same  manner  as  provided  by 
the  laws  of  the  Territory  for  g-eneral  elections,  and  returns 
thereof  shall  be  made  and  canvassed  in  the  same  manner  and  by 
the  same  authority  as  provided  in  cases  of  such  general  election : 
but  returns  for  all  State  and  district  officers  and  members  of 
the  Legislature,  shall  be  made  to  the  canvassing-  board  herein- 
after provided  for. 

Sec.  10.  The  Governor.  Secretary,  Controller,  and  Attorney- 
General  of  the  Territory,  and  the  president  of  this  convention, 
or  a  majority  of  them,  shall  constitute  a  board  of  canvassers  to 
canvass  the  vote  at  such  elections  for  all  State  and  district 
officers  and  members  of  the  Legislature.  The  said  board  shall 
assemble  at  the  seat  of  government  of  the  Territory,  on  the 
thirtieth  day  after  the  date  of  such  election  (or  on  the  following 
day  if  such  day  fall  on  Sunday),  and  proceed  to  canvass  the  votes 
for  all  State  and  district  officers  and  members  of  the  Legislature, 
in  the  manner  provided  by  the  laws  of  the  Territory  for  canvass- 
ing the  vote  for  Delegate  to  Congress,  and  they  shall  issue  cer- 
tificates of  election  to  the  persons  found  to  be  elected  to  said 
offices  severally,  and  shall  make  and  file  with  the  Secretary  of 
the  Territory  an  abstract  certified  by  them,  of  the  number  of 
votes  cast  for  each  person  for  each  of  said  offices,  and  of  the 
total  number  of  votes  cast  in  each  county. 

Sec.  11.  The  canvassing  boards  of  the  several  counties  shall 
issue  certificates  of  election  to  the  several  persons  found  by 
them  to  have  been  elected  to  the  several  county  and  precinct 
offices.  , 

Sec.  12.     All  officers  elected  at  such  election   shall,  within 


4W 

thirty  days  uftii-  lii.  .>  ..a>t  been  declared  elected,  Uike  the  oath 
required  by  this  Constitution,  and  give  the  same  bond  required 
by  the  law  of  the  IVrritory  to  be  ffiven  in  case  of  like  officers 
of  the  Territory,  district  or  county,  and  shall  thereui)on  enter 
upon  the  duties  of  their  resjiective  offices:  but  the  Legislature 
may  require  by  law  all  such  officers  to  ji^ive  other  or'  further 
bonds  as  a  condition  of  their  continuance  in  oflHce. 

Sec.  13.  All  officers  elected  at  said  election,  shall  hold  their 
offices  until  the  Legislature  shall  provide  by  law,  in  accordance 
with  this  Constitution,  for  the  election  of  their  successors,  and 
until  such  successors  shall  be  elected  and  qualified. 

Sec.  14.  The  Governor-elect  of  the  State,  immediately  upon 
his  qualifying  and  enteiing  upon  the  duties  of  his  office,  shall 
issue  his  proclamation  convening  the  Legislature  of  the  State  at 
the  seat  of  government  on  a  day  to  be  named  in  said  proclama- 
tion and  which  shall  not  be  less  than  thirty  nor  more  than  sixty 
days  after  the  date  of  such  proclamation.  Within  ten  days 
after  the  organization  of  the  Legislature  lx)th  houses  of  the 
Legislature  shall  then  and  there  proceed  to  elect,  as  provided 
by  law,  two  Senators  of  the  United  States  for  the  State  of  Idaho. 
At  said  election,  the  two  jjersons  who  shall  receive  the  majority 
of  all  the  votes  cast  by  said  sen^itors  and  representatives,  shall 
be  elected  as  such  United  States  Senatoi-s.  and  shall  be  so 
declared  by  the  presiding  officers  of  said  joint  session.  The 
presiding  officers  of  the  senate  and  house,  shall  issue  a  certificate 
toeat'hof  said  senators,  certifying  his  election,  which  certificates 
shall  also  be  signed  by  the  Governor  and  attested  by  the 
Secretary  of  StAte. 

Sec.  15.  The  Legislature  shall  pass  all  necessary  laws  to 
carry  into  effect  the  provisions  of  this  Constitution. 

Sec.  1H.  Whenevei"  any  two  of  the  judges  of  the  supreme 
court  of  the  State,  elected  under  the  provisions  of  this  Consti- 
tution, shall  have  qualified  in  their  offices,  the  causes  then 
pending  in  the  supreme  court  of  the  Territory,  and  the  papers, 
records,  and  proceedings  of  said  coui't,  and  the  seal  and  other 
property  pertaining  thereto,  shall  pass  into  the  jurisdiction  and 
possession  of  the  supreme  court  of  the  State  ;  and  until  so  super- 
ceded the  supreme  court  of  the  Territory  and  the  judges  thereof 
shall  continue,  with  like  ix)wers  and  jurisdiction,  as  if  this 
Constitution  had  not  been  adopted.  Whenever  the  judge  of 
the  district  court  of  any  district,  elected  under  the  provisions 
of  this  Constitution,  shall  have  qualified  in  office,  the  several 
causes  then  pending  in   the  district  court  of  the  Territory, 


50 

within  any  county  in  such  district,  and  the  records,  papers,  and 
proceeding's  of  said  district  court,  and  the  seal  and  other  prop- 
erty pertaining  thereto,  shall  pass  into  the  jurisdiction  and 
possession  of  the  district  court  of  the  State  for  such  county : 
and  until  the  district  courts  of  this  Territory  shall  be  super- 
ceded i^  the  manner  aforesaid  the  said  district  courts  and  the 
judges  thereof  shall  continue  with  the  same  jurisdiction  and 
power  to  be  exercised  in  the  same  judicial  districts  respectively, 
as  heretofore  constituted  under  the  laws  of  the  Territory. 

Sec.  17.  Until  otherwise  provided  by  law,  the  seals  now  in 
use  in  the  supreme  and  district  courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  supreme  and  district 
courts,  respectively,  of  the  State. 

Sec.  18.  Whenever  this  Constitution  shall  go  into  effect,  the 
books,  records,  and  papers,  and  proceedings  of  the  probate 
court  in  each  county,  and  all  causes  and  matters  of  adminis- 
tration and  other  matters  pending  therein,  shall  pass  into  the 
jurisdiction  and  possession  of  the  probate  court  of  the  same 
county  of  the  State,  and  the  said  probate  court  shall  proceed  to 
final  decree  or  judgment,  order,  or  other  determination  in  the 
said  several  matters  and  causes  as  the  said  probate  court  might 
have  done  as  if  this  Constitution  had  not  been  adopted. 

Sec.  19.  It  is  ordained  by  the  State  of  Idaho  that  perfect 
toleration  of  religious  sentiment  shall  be  secured,  and  no  in- 
habitant of  said  State  shall  ever  be  molested  in  person  or  prop- 
erty on  account  of  his  or  her  mode  of  religious  worship.  And 
the  people  of  the  State  of  Idaho  do  agree  and  declare  that  we 
forever  disclaim  all  right  and  title  to  the  unappropriated 
public  lands  lying  within  the  boundaries  thereof,  and  to  all 
lands  lying  within  said  limits,  ow^ned  or  held  by  any  Indians  or 
Indian  tribes ;  and  until  the  title  thereto  shall  have  been  ex- 
tinguished bj^  the  United  States,  the  same  shall  be  subject  to 
the  disposition  of  the  United  States,  and  said  Indian  lands  shall 
remain  under  the  absolute  jurisdiction  and  control  of  the 
Congress  of  the  United  States :  that  the  lands  belonging  to 
citizens  of  the  United  States,  residing  without  the  said  State  of 
Idaho,  shall  never  be  taxed  at  a  higher  rate  than  the  lands  be- 
longing to  the  residents  thereof.  That  no  taxes  shall  be  imposed 
by  the  State  on  the  lands  or  property  therein  belonging  to,  or 
which  may  hereafter  be  purchased  by,  the  United  States,  or 
reserved  for  its  use.  And  the  debts  and  liabilities  of  this  Terri- 
tory shall  be  assumed  and  paid  by  the  State  of  Idaho.  That  this 
ordinance  shall  be  irrevocable,  without  the  consent  of  the 
United  States  and  the  people  of  the  State  of  Idaho. 


Sec.  2.0.  Thai  in  Ixjhalf  of  the  })eo|)le  of  Idaho,  we,  in  con- 
vention asHembled,  do  adopt  the  C'onstitution  of  the  United 
States. 

Done  in  open  convention,  at  Boise  City,  in  the  Territory  of 
Idaho,  this  sixth  day  of  Aujjust,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eiji-hty-nine. 

Wm.  H.  CLAGETT,   President, 
(xEO.  AINSLIE, 
W.  C.  B.  ALLEN, 
.  ROB'T  ANDKRSON, 
H.  ARMSTRONG, 
ORLANDO  B.  BATTEN, 
PRANK  W.  BEANE, 
.TAS.  H.  BEATTY, 
J.  W.  BALLENTINE, 
A.  D.  BEVAN, 
HENRY  B.  BLAKE. 
FREDERICK  CAMPBELL, 
FRANK  P.  CAVANAH, 
A.  S.  CHANEY, 
CHAS.  A.  CLARK. 
L  N.  COSTON. 
.L\S.  L  CRUTCHER. 
STEPHEN  S.  GLIDDEN, 
JOHN  S.  GRAY, 
Wm.  W.  HAMMEL, 
H.  S.  HAMPTON, 
H.  O.  HARKNESS, 
FRANK  HARRIS. 
SOL.   HASBROUCK, 
C.  M.  HAYS, 
W.  B.  HEYBURN, 
JOHN  HOGAN, 
J.  M.  HOWE, 
E.  S.  J f: WELL, 
G.  W.  KING, 
H.  B.  KINPORT, 
J  AS.  W.  LAMOREAUX, 
JOHN  LEWIS. 
Wm.  C.  MAXEY, 
A.  E.  MAYHEW. 
W.  J.  McCONNELL, 
HENRY  MELDER, 


52 

JOHN  H.  MYER, 
JOHN  T.  MORGAN, 
A.  B.  MOSS, 
AARON  F.  PARKER, 
A.  J.  PIERCE, 
A.  J.  PINKHAM, 
J.  W.  POE, 
THOS.  PYEATT, 
JAS.  W.  REID, 
W.  D.  ROBBINS, 
Wm.  H.     SAVIDGE, 
AUG.  M.  SINNOTT, 
JAMES  M.  SHOUP, 
DREN  W.  STANDROD, 
FRANK.  STEUNENBERG, 
HOMER  STULL, 
WILLIS  SWEET, 
SAM.  F.  TAYLOR, 
J.  L.  UNDERWOOD, 
LYCURGUS  VINEYARD, 
J.  S.  WHITTON, 
EDGAR  WILSON, 
W.  W.  WOODS, 
JOHN  LEMP, 
N.  I.  ANDREWS, 
P.  McMAHON, 
.  SAMUEL  J.  PRITCHARD, 
J.  W.  BRIGHAM, 
P.  J.  PEFLEY. 


IDAHO  ADMISSION  BILL. 

[Public  190.] 

AN  ACT 

To  provide   for   the  admisnion    of    the  State   Idaho   into  tho 

Union. 

Whereas,  The  people  of  the  Territory  of  Idaho  did,  on  the 
4th  day  of  July,  188t),  by  a  convention  of  deleg-ates  called  and 
assembled  for  that  i)urj)Ose,  form  for  themselves  a  Constitution, 
which  C'Onstitution  was  ratified  and  adopted  by  the  people  of 
said  Territory  at  an  election  held  therefor  on  the  first  Tuesday 
in  November,  1889,  which  Constitution  is  republican  in  form 
and  is  in  conformity  with  the  Constitution  of  the  United  States; 
and 

Whekeas.  Said  convention  and  the  i>eople  of  said  Territory 
have  asked  the  admission  of  said  Territory  into  the  Union  of 
States  on  an  equal  footing  with  the  orijjfinal  States  in  all 
respects  whatever  :     Therefore, 

lie  it  enack'd  hy  the  Senate  ami  House  of  Representatives  of  the 
United  States  of  Aineriea  in  (^ongress  a.ssembled :  That  the 
State  of  Idaho  is  hereby  declared  to  be  a  State  of  the  United 
States  of  America,  and  is  hereby  declared  admitted  into  the 
Union  on  an  equal  footing-  with  the  original  States  in  all 
I'espects  whatever:  and  that  the  Constitution  which  tho  j)cople 
of  Idaho  have  formed  for  themselves  be,  and  the  same  is  hereby, 
accepted,  ratified,  and  confirmed. 

Sec.  2.  That  the  said  State  shall  consist  of  all  the  toi*ritory 
described  as  follows:  Be^inninj^-  at  the  intei's^H'tion  of  tho 
thirty-ninth  meridian  with  the  boundary  line  between  the 
Tnit.'.i  <i"'.- :c")  111..    u,.it;^i,  ,,ow^,.<wi,.,,c    i),..M    f,,n,,v,  i----   -nvl 


54 

meridian  south  until  it  reaches  the  summit  of  the 
Bitter  Root  Mountains  :  thence  southeastward  along  the  crest 
of  the  Bitter  Root  Range  and  the  continental  divide  until  it 
intersects  the  meridian  of  thirty-four  degrees  of  longitude  : 
thence  southward  on  this  meridian  to  the  forty-second  parallel 
of  latitude  :  thence  west  on  this  parallel  of  latitude  to  its  inter- 
section with  a  meridian  drawn  through  the  mouth  of  the 
Owyhee  River  ;  north  on  this  meridian  to  the  mouth  of  the 
Owyhee  River:  thence  down  the  mid-channel  of  the  Snake 
River  to  the  mouth  of  the  Clearwater  River:  and  thence 
north  on  the  meridian  which  passes  through  the  mouth  of  the 
Clearwater  to  the  boundary  line  between  the  United  States  and 
the  British  possessions,  and  east  on  said  boundary  line  to  the 
place  of  beginning. 

Sec.  3.  That  until  the  next  general  census,  or  until  other- 
wise provided  by  law,  said  State  shall  be  entitled  to  one  Rep- 
resentative in  the  House  of  Representatives  of  the  United 
States,  and  the  election  of  the  Representative  to  the  Fifty- 
first  Congress  and  Fifty-second  Congress  shall  take  place  at 
the  time  and  be  conducted  and  certified  in  the  same  manner  as 
is  provided  in  the  C^^onstitutition  of  the  State  for  the  election 
of  State,  district,  and  other  officers  in  the  first  instance. 

The  law  of  the  Territory  of  Idaho,  for  the  registration  of 
voters  shall  apply  to  the  first  election  of  State,  district,  and 
other  officers  held  after  the  admission  of  the  State  of  Idaho. 
County  and, precinct  officers  elected  at  the  first  election  held 
after  the  admission  of  the  State  of  Idaho  shall  assume  the 
duties  of  their  respective  offices  on  the  second  Monday  of 
January,  1891. 

Sec.  4.  That  sections  numbered  10  and  3H  in  every  township 
of  said  State,  and  where  such  sections  or  any  parts  thereof,  have 
been  sold  or  otherwise  disposed  of  by  or  under  the  authority  of 
any  act  of  Congress,  other  lands  equivalent  thereto,  in  legal  sub- 
divisions of  not  less  than  one-quarter  section,  and  as  contigu- 
ous as  may  be  to  the  section  in  lieu  of  which  the  same  is  taken, 
are  hereby  granted  to  said  State  for  the  support  of  common 
schools,  such  indemnity  lands  to  be  selected  within  said  State  in 
such  manner  as  the  Legislature  may  prpvide,  with  the  approval 
of  the  Secretary  of  the  Interior. 

Sec.  5.  That  all  lands  herein  granted  for  educational  pur- 
poses shall  be  disposed  of  only  at  public  sale,  the  proceeds  to 
constitute  a  permanent  school  fund,  the  interest  of  which  only 
shall  be  expended   in   the  support  of  said  schools.     But  said 


landH  may,  under  8iich  regulations  as  the  Letrislalure  shall  pre- 
scribe, be  leased  for  i)eriods  of  not  more  than  five  years,  and 
such  lands  shall  not  l)e  subject  to  jire-emption.  homesU^ad 
entry,  or  any  other  entry  under  the  land  laws  of  the  United 
States,  whether  surveyed  or  luisurveyed,  but  shall  l)e  i-eserved 
for  school  puri)oses  only. 

SEy::.  (i.  That  lifty  sections  of  the  unai)i)ropriatod  public  lands 
within  said  State,  to  be  selected  and  hx-ated  in  le^^al  subdivi- 
sions as  provided  in  section  4  of  this  act.  shall  Ixi.  and  are  hereby, 
granted  to  said  State  for  the  i)urj)08e  of  erecting  public  build- 
ings at  the  capital  of  said  State  for  legislative,  executive,  and 
judicial  i)urposes. 

Sec.  7.  That .')  ])oi'  cent,  of  the  proceeds  of  the  sales  of  j)u)>- 
lic  lands  lying  within  said  State  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  said  State  into 
the  Union,  after  deducting  all  the  exi)enses  incident  to  the 
same,  shall  be  paid  to  the  sakl  State,  to  })e  used  as  a  permanent 
fund,  the  interest  of  which  only  shall  be  exj^ended  fm-  tlio  su])- 
port  of  the  common  schools  within  said  State. 

Sec.  8.  That  the  lands  granU^d  to  the  Territory  of  Idiiho.  by 
the  act  of  February  18.  1881.  entitled  "An  act  to  grant  lands  to 
Dakota,  Montana,  Arizona.  Idaho  and  Wyoming  for  university 
purposes."  are  hereby  vested  in  the  State  of  Idaho  to  the 
extent  of  the  full  quantity  of  72  sections  to  said  State,  and  any 
portion  of  said  lands  that  may  not  have  been  selected  by  said  Ter- 
ritory of  Idaho,  may  be  selected  by  the  said  State:  but  said  act  of 
February  18,  1881,  shall  be  so  amended  as  to  i)rovide  that  none 
of  said  lands  shall  be  sold  for  less  than  $10  per  acre,  and  the 
l)roceeds  shall  constitute  a  i)ermanent  fund  to  be  safely  invested 
and  held  by  said  State,  and  the  income  thereof  be  u.sed  exclu- 
sively for  university  i)ur])oses.  The  schools,  colleges  and 
universities  ])rovided  for  in  this  act  shall  forever  remain  under 
the  exclusive  control  of  the  said  State,  and  no  part  of  the 
proceeds  arising  from  the  sale  or  disi)osal  of  any  lands  herein 
granted  for  educational  pur])ose  shall  be  used  for  the  supiK>rt  of 
any  sectarian  or  denominational  school,  college  or  university. 

Sec.  9.  That  the  i)enitentiary  at  Boise  City,  Idaho,  and  all 
lands  connected  therewith  and  set  ai)art  and  reserved  therefor, 
and  unexi)ended  a])pro])riations  of  money  therefor,  and  the 
personal  i)i"oi)iM-ty  of  the  United  States  now  Ixnng  in  the  Ter- 
ritory of  Idaho  which  has  been  in  u.se  in  the  said  Territory  in 
the  administration  of  the  Territorial  governmeni,  including 
books  and  records  and  the  pj'ojMTrty  used  at  llu*  Coiistitiitinnal 


56 

convention  which  convened  at  Boise  City  in  the  month  of  July, 
1889,  are  hereby  granted  and  donated  to  the  State  of  Idaho. 

Sec.  10.  That  90,000  acres  of  land,  to  be  selected  and  located 
as  provided  in  section  4  of  this  Act,  are  hereby  g-ranted  to  said 
State  for  the  use  and  support  of  an  agricultural  college  in  said 
State,  as  provided  in  the  acts  of  Congress  making  donations  of 
lands  for  such  purposes. 

Sec.  11.  That  in  lieu  of  the  grant  of  land  for  purposes  of 
internal  improvement  made  to  the  new  States  by  the  eighth 
section  of  the  act  of  September  4,  1841,  which  section  is  hereby 
repealed  as  to  the  State  of  Idaho,  and  in  lieu  of  any  claim  or 
demand  by  the  said  State  under  the  act  of  September  28,  1850. 
and  section  2479  of  the  Revised  Statutes,  making  a  grant  of 
swamp  and  overflowed  lands  to  certain  States,  which  grant,  it 
is  hereby  declared,  is  not  extended  to  the  State  of  Idaho,  and  in 
lieu  of  any  grant  of  saline  lands  to  said  State,  the  following 
grants  of  land  are  hereby  made,  to-wit :  To  the  State  of  Idaho  : 
For  the  establishment  and  maintenance  of  a  scientific  school, 
100,000  acres ;  for  State  normal  schools,  100,000  acres ;  for  the 
support  and  maintenance  of  the  insane  asylum,  located  at 
Blackfoot,  50,000  acres  ;  for  the  support  and  maihtenance  of  the 
State  university,  located  at  Moscow,  50,000  acres :  for  the  sup- 
port and  maintenance  of  the  penitentiary,  located  at  Boise  City. 
50,000  acres  :  for  other  State,  charitable,  educational,  penal  and 
reformatory  institutions.  150,000  acres.  None  of  the  lands 
granted  by  this  act  shall  be  sold  for  less  than  $10  an  acre. 

Sec.  12.  That  the  State  of  Idaho  shall  not  be  entitled  to  any 
further  or  other  grants  of  land  for  any  purpose  than  as  ex- 
pressly provided  in  this  act.  And  the  lands  granted  by  this, 
section  shall  be  held,  appropriated,  and  disposed  of,  exclusively 
for  the  purpose  herein  mentioned,  in  such  manner  as  the  Legis- 
latue  of  the  State  may  provide. 

Sec.  13.  That  all  mineral  lands  shall  be  exemx)ted  from  the 
grants  by  this  act.  But  if  sections  16  and  3(),  or  any  sub- 
division, or  portion  of  any  smallest  subdivision  thereof,  in  any 
township,  shall  be  found  by  the  Department  of  the  Interior  to 
be  mineral  lands,  the  said  State  is  hereby  authorized  and  em- 
powered to  select,  in  legal  subdivisions,  an  equal  quantity  of 
other  unappropriated  lands  in  said  State,  in  lieu  thereof,  for 
the  use  and  the  benefit  of  the  common  schools  of  said  State. 

Sec.  14.  That  all  lands  granted  in  quantity  or  as  indemnity 
by  this  act  shall  be  selected,  under  the  direction  of  the  Secre- 
tai'y  of  the  Interior,   from  the  surveyed,   unreserved,  and  un- 


appropriated  public  lands  of  the  United  States,  within  the  limiUs 
of  the  State  entitled  thereto.  And  there  shall  bo  deducted 
from  the  number  of  acres  of  land  donated  by  this  act  for  the 
specific  objects  to  said  State  the  number  of  acres  heretofore 
donated  by  C'on^ress  to  said  Territory  for  similar  objects. 

Sec.  If).  That  the  sum  of  $28,000,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  ap])ropriated,  for  defraying-  the  ex- 
l)en8es  of  said  convention  and  foi*  the  payment  of  the  members 
thereof,  under  the  same  rules  and  reg-ulations  and  at  the  same 
rates  as  are  now  provided  by  law  for  the  payment  of  the  Terri- 
torial Legrislatures,  and  for  elections  held  therefor  and  there- 
under. Any  money  hereby  appropriated  not  necessary  for  such 
pur]H)se  shall  be  covered  into  the  Treasury  of  the  United 
States. 

Sec.  Jf>.  That  the  said  State  shall  constitute  a  judicial  dis- 
trict, the  name  thereof  to  be  the  same  as  the  name  of  the  State; 
and  the  circuit  and  district  courts  therefor  shall  be  held  at  the 
capital  of  the  Sta,te  for  the  time  being",  and  the  said  district 
shall,  for  judicial  purposes,  until  otherwise  provided,  be  attached 
to  the  ninth  judicdal  circuit.  There  shall  be  appointed  for  said 
district  one  district  judg-e,  one  United  States  attorney,  and  one 
United  States  marshal.  The  judg-e  of  the  said  district  shall 
receive  a  yearly  salary  of  $3,500,  })ayable  in  four  ec^ual  install- 
ments on  the  fii'st  days  of  .January,  April,  July  and  October  of^ 
each  year,  and  shall  reside  in  the  district.  There  shall  be 
appointed  clerks  of  said  courts  in  the  said  district,  who  shall 
keep  their  offices  at  the  capital  of  said  State.  The  regular 
terms  of  said  courts  shall  be  held  in  said  district,  at  the  place 
aforesaid,  on  the  first  Monday  in  April  and  the  first  Monday  in 
November  of  each  year,  and  only  one  *rrand  jury  and  one  ])etit 
jury  shall  l>e  summoned  in  both  said  circuit  and  district  court. 
The  circuit  and  disti'ict  courts  for  said  disti'ict,  and  the  judg-es 
thereof,  resi)ectively,  shall  possess  the  same  powers  and  juris- 
diction and  i^rform  the  same  duties  required  to  Ix*  i)erformed 
by  the  other  circuit  and  district  courts  and  judg^es  of  the 
United  States,  and  shall  be  governed  by  the  same  laws  and 
regulations.  The  marshal,  district  attorney,  and  clerks  of  the 
circuit  and  district  courts  of  .said  district,  and  all  other  officers 
and  iK)rsons  ]X3r forming  duties  in  the  administration  of  justice 
thei'ein,  shall  severally  i)ossess  the  iM)wers  and  i)erform  the 
duties  lawfully  possessed  and  required  to  be  |K*rformed  by  simi- 
lar offi(.'ers  in  other  districts  of  the  Unit«'d  States:  and  shall,  for 


58 

the  services  they  may  perform,  receive  the  fees  and  compensa- 
tion allowed  by  law  to  other  similar  oflftcers  and  persons  per- 
forming similar  duties  in  the  State  of  Oregon. 

Sec.  17.  That  all  cases  of  appeal  or  writ  of  error  heretofore 
prosecuted  and  now  pending  in  the  Supreme  Coiirt  of  the 
United  States  upon  any  record  from  the  supreme  court  of  said 
Territory,  or  that  may  hereafter  lawfully  be  prosecuted  upon 
any  record  from  said  court,  may  be  heai'd  and  determined  by  said 
Supreme  Court  of  the  United  States:  and  the  mandate  of 
execution  or  for  further  proceedings  shall  be  directed  by  the 
Supreme  Court  of  the  United  States  to  the  circuit  or  district 
court  hereby  established  within  the  said  State  from  or  to  the 
supreme  court  of  such  State,  as  the  nature  of  the  case  may 
require.  And  the  circuit,  district,  and  State  courts  herein 
named  shall,  respectively,  be  the  successors  of  the  supreme 
court  of  the  Territory,  as  to  all  such  cases  arising  within  the 
limits  embraced  within  the  jurisdiction  of  such  courts, 
respectively,  with  full  power  to  proceed  with  the  same  and 
award  mesne  or  final  process  therein:  and  that  from  all  judg- 
ments and  decrees  of  the  supreme  court  of  the  Territory  men- 
tioned in  this  act,  in  any  case  arising  within  the  limits  of  the 
proposed  State  prior  to  admission,  the  parties  to  such  judg- 
ment shall  have  the  same  right  to  prosecute  appeals  and 
writs  of  error  to  the  Supreme  Court  of  the  United  States  as  they 
shall  have  had  by  law  prior  to  the  admission  of  said  State  into 
the  Union. 

Sec.  18.  That  in  respect  to  all  cases,  proceedings  and  mat- 
ters now  pending  in  the  supreme  or  district  courts  of  the  said 
Territory  at  the  time  of  the  admission  into  the  Union  of  the 
State  of  Idaho  and  arising  within  the  limits  of  such  State, 
whereof  the  circuit  or  district  courts  by  this  act  established 
might  have  had  jurisdiction  under  the  laws  of  the  United 
States  had  such  courts  existed  at  the  time  of  the  commence- 
ment of  such  cases,  the  said  circuit  and  district  courts,  respect- 
ively, shall  be  the  successors  of  said  supreme  and  district  courts 
of  said  Territory  :  and  in  respect  to  all  other  cases,  proceedings 
and  matters  pending  in  the  supreme  or  district  courts  of  said 
Territory  at  the  time  of  the  admission  of  such  Territory  into 
the  Union,  arising  within  the  limits  of  said  State,  the  courts 
established  by  such  State  shall,  respectively,  be  the  successors 
of  said  supreme  and  district  Territorial  courts  :  and  all  the  files, 
records,  indictments,  and  proceedings  relating  to  any  such  cases 
shall  be  transferred  to  such  circuit,  district,  and  State  courts. 


re8iH)ctivfly,  aiul  the  naine  ahull  lx»  prcKjeedud  with  tliorein  In 
duo  course  of  luw  ;  but  no  writ,  uetiou,  indictment,  cause  or  pro- 
ceedinjj  now  pending,  or  that  prior  to  the  admisHion  of  the 
State  whall  bo  jwndinjf,  in  any  Territorial  court  in  said  Terri- 
tory, shall  abate  by  the  admission  of  sucli  State  into  the  Union.  * 
but  tlie  same  shall  lx«  transferred  and  j)roceedod  with  in  the 
proi>er  United  States  circuit,  district,  or  State  court  as  the  case 
may  be:  Pkovidkd,  howkvkh.  That  in  all  civil  ai-tions. 
causes,  and  j)roceedintfs  in  which  the  United  States  is  not  a 
party,  transfers  shall  not"  Ixi  matle  to  the  circuit  and  district 
courts  of  the  United  States,  except  upon  written  request  of  one 
of  the  i)arties  to  such  action  or  proceeding?  filed  iu  the  projjer 
court:  and  in  the  absencp  of  such  request  hTuch  cases  shall  Ix; 
proceeded  with  in  the  pioi)er  Stat<;  courts. 

Sec.  in.  That  from  and  after  the  admission  of  said  State 
into  the  Union,  in  pursuance  of  this  act.  the  laws  of  the  United 
States  not  locally  inapplicable  shall  have  the  same  force  and 
effect  within  the  said  State  as  elsewhere  within  the  United 
States. 

Sec.  20.  That  the  Legislature  of  the  said  State  may  elect 
two  Senators  of  the  United  States  as  is  provided  by  the  Consti- 
tution of  said  State,  and  the  Senators  and  Representative  of 
said  State  shall  be  entitled  to  seates  in  Con^fress  and  to  all  the 
rights  and  privileges  of  Senators  and  Representatives  of  other 
States  in  the  Congress  of  the  United  States. 

Sec.  21.  That  until  the  State  officers  are  elected  and  quali- 
fied under  the  provisions  of  the  Constitution  of  said  State,  the 
officers  of  the  Teri'itory  of  Idaho  shall  discharge  the  duties  of 
their  respective  offices  under  the  Constitution  of  the  State,  in 
the  manner  and  form  as  therein  provided  :  and  all  laws  in  force 
made  by  said  Territory,  at  the  time  ofuts  admission  into  the 
,  Union,  shall  be  in  force  in  said  State,  except  an  modified  or 
changed  by  this  atrt  or  by  the  Constitution  of  the  State. 

Sec.  22.  That  all  acts  or  parts  of  acts  in  conflict  with  the 
])rovisions  of  this  act.  whether  passed  by  Legislature  of  said 
Territory  or  by  Congress,  are  hereby  repealed. 

Approved  July  .V.  ISOO. 


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